IN THE CASE OF: BOARD DATE: 18 January 2018 DOCKET NUMBER: AR20160005490 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. 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: 18 January 2018 DOCKET NUMBER: AR20160005490 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :DSP :BMM :PWM DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 18 January 2018 DOCKET NUMBER: AR20160005490 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her rank/grade as specialist/E-4. 2. The applicant states: a. Her DD Form 214 shows her rank/grade as private first class/E-3, which is incorrect. She was promoted to specialist on 1 January 2015 prior to her discharge on 19 March 2015. Her rank/grade is incorrectly annotated on her DD Form 214. b. She has over the amount of time in service, as well as the necessary qualifications, to have been promoted to specialist. She additionally has a Certificate of Promotion that shows her advancement to specialist. 3. The applicant provides: * Certificate of Promotion, dated 1 January 2015 * DD Form 214 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 22 January 2013. 2. She provided a Certificate of Promotion that states she was promoted to specialist in the U.S. Army on 1 January 2015. 3. Her records do not contain a DA Form 4187 (Personnel Action) or orders promoting her to the rank of specialist. 4. Her Enlisted Record Brief (ERB), dated 6 January 2015, shows her rank as private first class. a. Section I (Assignment Information) shows she was assigned a flag (suspension of favorable personnel actions) code of BA (field-initiated elimination/initial report), which was initiated on 17 December 2014. b. Section III (Service Data) lists her ranks and dates of rank as follows: * private – 22 January 2013 * private two – 1 April 2013 * private first class – 1 November 2013 5. An undated separation packet shows she was to be honorably separated from the Army prior to the expiration of her current term of service due to parenthood, as she failed to provide a valid family care plan despite being counseled on the need to do so. She is referred to throughout the packet as a private first class. 6. Contained within the separation packet is a DD Form 2648 (Preseparation Counseling Checklist for Active Component, Active Guard Reserve, Active Reserve, Full Time Support, and Reserve Program Administrator Service Members) showing her grade as E-3. She signed the checklist on 13 January 2015. 7. U.S. Army Garrison, Fort Drum, Orders 062-1012, dated 3 March 2015, transferred her to the U.S. Army Transition Point at Fort Drum for discharge processing effective 19 March 2015. Her rank is shown as private first class. 8. Her ERB, dated 20 March 2015, also shows her rank as private first class and she was assigned a flag code of BA, which was initiated on 17 December 2014. 9. Her DD Form 214 shows she was honorably discharged on 19 March 2015 due to parenthood. She completed 2 years, 1 month, and 28 days of active service during this period. Her rank/grade is listed as private first class/E-3. REFERENCES: 1. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotions and reductions of Army enlisted personnel. a. Paragraph 1-24 (Promotion Ceremonies and Certificates) states the promotion certificate is not the official instrument for promotion. The promotion order will be used as the source document for rank, effective date, and date of rank for all record and pay purposes. b. Chapter 2 governs the decentralized promotion system for promotions to specialist and below for all Regular Army, U.S. Army Reserve, and Army National Guard/Army National Guard of the United States Soldiers. c. Eligibility criteria for automatic (Regular Army and U.S. Army Reserve) or immediate (Army National Guard) promotion to specialist will be at 24 months of time in service and 6 months of time in grade. d. If a commander elects not to recommend a Soldier for promotion on the automatic promotion date, the commander must annotate "NO" on the AAA-117 (Enlisted Advancement Report). A DA Form 268 (Suspension of Favorable Personnel Actions (Flag)) will be submitted no later than the 20th day of the month preceding the month of automatic promotion. The battalion human resources specialist must submit a flag transaction in the personnel system to block the promotion. 2. Army Regulation 600-8-2 (Suspension of Favorable Personnel Actions (Flag)) prescribes policies, operating rules, and steps governing the suspension of favorable personnel actions. a. The purpose of a flag is to prevent and/or preclude the execution of favorable actions to a Soldier who may be in an unfavorable status or movement of a Soldier when it is in the best interests of the Army for the Soldier to remain in his or her current unit or location until cleared of ongoing actions. b. Table 2-1 (Reason Codes) shows code B is a nontransferable flag for field-initiated involuntary separation or discharge. c. Table 2-2 (Report Codes) shows code A is for an initial report. DISCUSSION: 1. Although the applicant provided a Certificate of Promotion showing she was promoted to the rank/grade of specialist/E-4 on 1 January 2015, there are no orders or DA Form 4187 in her records showing she was promoted to specialist and there are no other documents in her records that reflect her rank/grade as specialist/E-4. 2. She enlisted in the Regular Army on 22 January 2013, thus she completed the requisite 24 months of time in service and 6 months of time in grade for automatic promotion to specialist effective 21 January 2015. 3. Her records also indicate she was flagged for suspension of favorable personnel actions effective 17 December 2014 due to a field-initiated involuntary separation for lack of a family care plan, which would have precluded her automatic promotion. There is no indication the flag was removed prior to her involuntary discharge. 4. Her DD Form 214 shows she was honorably discharged on 19 March 2015 due to parenthood. Her rank/grade is reflected as private first class/E-3. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005490 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2