IN THE CASE OF: BOARD DATE: 5 December 2017 DOCKET NUMBER: AR20160003446 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 5 December 2017 DOCKET NUMBER: AR20160003446 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 5 December 2017 DOCKET NUMBER: AR20160003446 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) to show his rank/grade as specialist (SPC)/E-4 instead of private first class (PFC)/E-3. 2. The applicant states he was promoted to E-4 before his discharge and his unit was extremely slow in completing the paperwork for his promotion. 3. The applicant provides: * U.S. Army Installation Management Command, Pacific Region, U.S. Army Garrison-Yongsan Transition Center, Unit Number 15333, Orders 170-0002, dated 19 June 2015 * DD Form 214 * Enlisted Record Brief, dated 27 July 2015 * DA Form 4874 (Certificate of Promotion) CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 26 July 2010 in the rank/grade of private (PVT)/E-1. 2. His Enlisted Record Brief, dated 27 July 2015, shows his rank/grade and dates of rank as follows: * PVT/E-1 – 25 October 2011 * PV2/E-2 – 1 January 2012 * PFC/E-3 – 18 December 2014 * SPC/E-4 – 21 August 2014 3. His DA Form 705 (Army Physical Fitness Test Scorecard), dated 30 May 2014, shows, in part, his grade as E-3, his weight as 250 pounds, and he was a "No-Go" for body composition. 4. His DA Form 5500 (Body Fat Content Worksheet), dated 23 October 2014, shows, in part, his authorized weight was 189 pounds and his actual weight was 246 pounds. He was 57 pounds overweight. His authorized body fat content was 22 percent and his actual body fat content was 19 percent. He was 3 percent under his authorized body fat content. He was in compliance with Army standards. 5. On 8 May 2015, he acknowledged receipt of his disqualification for award of the Army Good Conduct Medal for the period 10 December 2011 to 9 December 2014 due to indiscipline actions. His acts of indiscipline are unknown. 6. U.S. Army Installation Management Command, Pacific Region, U.S. Army Garrison-Yongsan Transition Center, Unit Number 15333, Orders 170-0002, dated 19 June 2015, shows his rank as PFC and his date of release from active duty unless changed/rescinded as 25 July 2015. 7. On 30 June 2015, he enlisted in the California Army National Guard for a period of 3 years in the rank/grade of PFC/E-3. 8. On 25 July 2015, he was honorably released from active duty. His DD Form 214 shows his rank/grade of PFC/E-3. 9. He provided a Certificate of Promotion showing he was promoted to the rank of SPC in the U.S. Army with an effective date of 1 August 2015. 10. On 5 May 2017, the Chief, Department of the Army Promotions, U.S. Army Human Resources Command, provided an advisory opinion wherein he recommended denial of the applicant's request. He stated the requested promotion date provided on the promotion certificate indicates a promotion date of 1 August 2015. The applicant was separated from the Regular Army due to expiration of term of service on 25 July 2015, prior to the promotion effective date. 11. On 23 May 2017, a copy of the advisory opinion was provided to the applicant for review and for an opportunity to provide a response or additional evidence. He did not respond. 12. His records are void of evidence showing he was promoted to the rank/grade of SPC/E-4 prior to his release from active duty on 25 July 2015. REFERENCES: Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotion and reduction of Army enlisted personnel. The AAA-117 (Enlisted Advancement Report) for Regular Army is the official instrument used by a commander to recommend Soldiers for promotion to SPC and below. a.  Paragraph 1-13 (Date of Rank and Effective Date) states the date of rank and effective date will be the same, unless otherwise directed by this regulation. b.  Section II (Processing Enlisted Promotions to Private (PV2)/E-2, PFC/E-3, and SPC/E-4), in effect at the time, stated eligibility criteria for automatic (Regular Army and U.S. Army Reserve) or immediate (Army National Guard) promotion to PV2, PFC, and SPC was as follows: (1)  promotion to PV2, 6 months of time in service; (2)  promotion to PFC, 12 months of time in service and 4 months of time in grade; and (3)  promotion to SPC, 24 months of time in service and 6 months of time in grade. c. Any Soldier previously reduced (for misconduct, inefficiency, or cause) had to be fully qualified (without a waiver) for promotion to the next higher rank. d.  Soldiers promoted prior to or after the automatic promotion date require a DA Form 4187 (Personnel Action) and submission of a grade change transaction to be promoted (Regular Army and U.S. Army Reserve only). A DA Form 4187 is prepared prior to the Soldier’s eligibility date to ensure entitlements are received on time. Effective date and date of rank are the same unless stated otherwise in this regulation. DISCUSSION: 1. The applicant's request for correction of his records to show he was promoted to the rank/grade of SPC/E-4 prior to his discharge was carefully considered. 2. His ERB shows he was promoted to the rank/grade of SPC/E-4 effective 21 August 2014 and subsequently reduced to the rank/grade of PFC/E-3 effective 18 December 2014. 3. Although he provided a Certificate of Promotion showing he was promoted to SPC/E-4 effective 1 August 2015, his records are void of any evidence showing he was promoted to the rank/grade of SPC/E-4 prior to his release from active duty on 25 July 2015. 4. His DD Form 214 properly shows the rank/grade of PFC/E-3 held by him at the time of his release from active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003446 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003446 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2