BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100028571 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of her military records to show her rank as sergeant, pay grade E-5.

2.  The applicant states her rank should be changed from corporal, pay grade 
E-4 to sergeant, pay grade E-5.

3.  The applicant provides a copy of her promotion orders, dated 30 September 2009.

CONSIDERATION OF EVIDENCE:

1.  Order 273-15, 41st Fires Brigade, Fort Hood, Texas, dated 30 September 2009, as provided by the applicant and on file in her Official Military Personnel File (OMPF), states in essence that the:

	a.  applicant was promoted to sergeant in military occupational specialty (MOS) 94P2O00YY (Multiple Launch Rocket Repairer);

	b.  promotion was effective 1 October 2009;

	c.  promotion was not valid and the order would be revoked if the applicant was not in a promotable status on the effective date of the promotion; and

	d.  applicant's MOS of 94P1O00YY was to be withdrawn.
2.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she:

	a.  enlisted in the Regular Army on 7 April 2004;

	b.  attained pay grade E-4 on 1 February 2008;

	c.  held MOS 94P1O at the time of release from active duty; and

	d.  was released from active duty on 10 November 2009, in the rank of corporal, pay grade E-4.

3.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides the criteria for promotion to sergeant, pay grade E-5.  The applicant must have met the following criteria:

	a.  reenlistment or extension eligible;

	b.  considered physically qualified;

	c.  have a current Army physical fitness test qualifying score;

	d.  not be enrolled (self referral) in the Army Substance Abuse Program;

	e.  not be flagged for disciplinary reasons; and

	f.  meet the time in service remaining requirement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her military records should be corrected to show she was released from active duty in the rank of sergeant, pay grade E-5.

2.  The available evidence contains copies of orders indicating she was promoted to sergeant, pay grade E-5, effective 1 October 2009.  This order directed that the promotion was effective if the Soldier was in a promotable status on the effective date.

3.  The available evidence is insufficient to determine what the applicant's promotion status was on 1 October 2009.


4.  Only 40 days after the promotion effective date, the applicant was voluntarily released as a corporal from active duty due to completion of her required active duty service.  This is suggestive that she may not have met all of the promotion criteria.

5.  In view of the above, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _ x  _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100028571



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ABCMR Record of Proceedings (cont)                                         AR20100028571



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