ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  9 April 2019

	DOCKET NUMBER:  AR20160013688


APPLICANT REQUESTS:  in effect, correction of items 4a (Grade, Rate or Rank) and 
4b (Pay Grade) of her DD Form 214 (Certificate of Release or Discharge from Active 
Duty) to show her rank/grade as specialist (SPC)/E-4.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	a letter
*	DD Form 2648 TEST (Preseparation Counseling Checklist)
*	Enlisted Record Brief (ERB)
*	Orders 156-0007

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant requested a personal appearance hearing.  The applicant states, in 
effect, there is no evidence to support her reduction in rank.  All of her documents and 
medical records list her rank as SPC; however, her separation orders and DD Form 214 
list her rank as private (PV1)/E-1.  She was honorably discharged due to parenthood 
and does not believe that is a reason for a reduction in rank.  She never noticed the 
error until she tried to reenlist.

3.  The applicant enlisted in the Regular Army on 24 November 2010.

4.  On 27 February 2013, the applicant and her commander completed a Family Care 
Plan Counseling Checklist, wherein her commander counseled her in the particulars of 
obtaining a family care plan.  This counseling form disclosed that a Family Care Plan 
was mandatory and that failure to maintain a family care plan could subject a Soldier to 
separation; administrative action, or disciplinary action under the Uniform Code of 
Military Justice (UCMJ). 
5.  On 11 April 2013, her commander issued her a counseling statement for her failure 
to obtain a family care plan; the counseling form lists her rank/grade E-1/private (PVT).  

6.  On 15 April 2013, her commander issued/approved a nontransferable flag for a field 
initiated involuntary separation.  This form lists the applicant's rank as PVT.

7.  Her record contains an ERB, dated 16 April 2013, which lists her rank/grade as 
specialist (SPC)/E-4.

8.  She prepared a memorandum for record, dated 17 April 2013, wherein she 
acknowledged she was unable to obtain a family care plan.  She listed her rank as SPC 
in this memorandum.

9.  Her record contains several memoranda issued by her commander, which are part of 
her separation packet.  These documents show:

*	Each memoranda lists her rank as PVT
*	At least two memoranda include a signature block for the applicant, to which she 
affixed her signature, listing her rank as PVT
*	She was being involuntarily separated
*	Her separation packet indicates that she may have been reduced in rank or 
received nonjudicial punishment under the provisions of Article 15, UCMJ

10.  She completed a pre-separation counseling checklist wherein she indicated her 
rank as SPC and that her separation was voluntary.  

11.  Orders 156-007 issued by Headquarters, Third Infantry Division and Fort Stewart, 
Fort Stewart, GA on 5 June 2013 shows her rank as PV1.   

12.  Her DD Form 214 shows she was honorably discharged on 18 June 2013, in the 
rank/grade of PVT/E-1.  This form shows her date of rank to PVT as 22 April 2013.

13.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel.  Soldiers will be considered for involuntary separation when parental 
obligations interfere with fulfillment of military responsibilities.  

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined that there is 
sufficient evidence to grant relief.  The Board agreed that there is an apparent error in 
her records in that her ERB dated 16 April 2013 lists her rank as Specialist and there 
are no reduction documents in her file.  The Board also found that the applicant should 
be allowed to reenlist because she now has a Family Care Plan.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

: X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
Army records of the individual concerned be corrected by amending her DD Form 214 
as follows:

1.  correct items 4a (Grade, Rate or Rank) and 4b (Pay Grade) to show her rank/grade 
as specialist (SPC)/E-4, and 

2.  correct item 27, Reentry Code to show that she is eligible to reenter the U.S. Army 
(RE-1)



	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable
REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the Army Board for Correction of Military Records 
(ABCMR) to excuse an applicant's failure to timely file within the three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-200, paragraph 5-8 provided for the involuntary separation of 
enlisted Soldiers due to parenthood.  Soldiers were considered for involuntary 
separation when parental obligations interred with the fulfillment of military 
responsibilities.  Specific reasons for separation due to parenthood included inability to 
perform prescribed duties satisfactorily, repeated absenteeism, late for work, inability to 
participate in field training exercises or perform special duties such as charge of 
quarters and staff duty noncommissioned officer, and unavailability for worldwide 
assignment or deployment according to the needs of the Army.
3.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
The ABCMR will decide cases on the evidence of record.  It is not an investigative body.  
Applicants do not have a right to a hearing before the ABCMR.  The Director or the 
ABCMR may grant a formal hearing whenever justice requires.  Additionally, applicants 
may be represented by counsel at their own expense. 

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20160013688

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