IN THE CASE OF:	  

		BOARD DATE:	    26 April 2012

		DOCKET NUMBER:  AR20110019880 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) by amending the following:

   a.  Item 4a (Grade, Rate or Rank) – from “PV1” (Private (PVT)) to “SPC” (Specialist); and

	b.  Item 4b (Pay Grade) – from “E01” to “E04.”

2.  He states his DD Form 214 is in error because item 12h (Effective Date of Pay Grade) shows the correct date he was promoted to SPC/E-4.

3.  He provides a copy of his DD Form 214 and a DA Form 4187 (Personnel Action).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 8 June 2006 in the rank and grade of private first class (PFC)/E-3. 

2.  He provided a DA Form 4187, dated 7 June 2008.  This document shows he was advanced to the grade of SPC/E-4 with an effective date of 1 July 2008. 



3.  His record does not contain any documentation showing the reason for reduction to the grade of PVT/E-1; however, a review of his finance record in the Master Military Pay Account (MMPA) confirms that on 22 September 2008, the applicant was reduced to the grade of PVT/E-1 as a result of punishment received under the Uniform Code of Military Justice (UCMJ). 

4.  He was honorably retired on 10 April 2009, after completing 2 years, 
10 months, and 3 days of net active service.  The applicant’s DD Form 214 shows the following entries:

	a.  Item 4a – "PV1";

	b.  Item 4b – "E01"; and

	c.  Item 12h – "2008 07 01."

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  Chapter 2 contains item-by-item preparation instructions for the DD Form 214 as follows:

   a.  Items 4a and 4b – Enter the rank and pay grade the member holds on the date of separation. 
   
      b.  Item 12h – Enter the effective date of promotion to the current pay grade.

DISCUSSION AND CONCLUSIONS:

1.  The evidence the applicant provided shows he was advanced to the rank/pay grade SPC/E-4 on 1 July 2008.  However, the MMPA confirms he was reduced to the grade of PVT/E-1 on 22 September 2008 as a result of punishment under the UCMJ.

2.  Accordingly, he was retired on 10 April 2009 in the grade of PVT/E-1 (item 12h incorrectly shows the effective date of pay grade as 1 July 2008).  

3.  In view of the foregoing, he is not entitled to have items 4a and 4b amended to show his rank/grade as SPC/E-4. 





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)                                         AR20110019880





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ABCMR Record of Proceedings (cont)                                         AR20110019880



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