ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  13 September 2019

	DOCKET NUMBER:  AR20170006260


APPLICANT REQUESTS: 

*	In effect, to correct her grade to Private First Class (PFC)/E-3 with a date rank  
(DOR) 3 October 2014 in her service records
*	amend separation order 17-012-00009, dated 12 January 2007 to show the 
correct rank of PFC

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	63rd Regional Support Command Order Number 17-012-00009 dated 
12 January 2017
*	DA Form 4187 (Personnel Action) dated 3 April 2017, revocation of reduction in 
grade

FACTS:

1.  The applicant states at the time she was discharged from the United States Army 
Reserve (USAR), she was erroneously reduced in grade from PFC/E-3 to private 
(PV1)/E-1.  The reduction in grade was revoked in accordance with the DA Form 4187 
that she provided.  She is requesting that the separation order that was published by the 
63rd Regional Support Command (17-012-00009) dated 12 January 2017 be amended 
to show her correct grade of PFC/E-3 and her service records be corrected to reflect her 
correct grade of PFC/E-3 with the DOR of 3 March 2014.

2.  The applicant provides:

	a.  63rd Regional Support Command Order 17-012-00009 dated 12 January 2017, 
that shows the applicant was discharged from the USAR on 18 January 2017 under the 
provisions of Army Regulation (AR) 135-178 (Enlisted Administrative Separations), 
chapter 9 (Unsatisfactory Performance) for Army Physical Fitness Test (APFT) failure 
with a general under honorable conditions characterization of service in the grade of 
PV1/E-1.

	b.  DA Form 4187 dated 3 April 2017, revocation of the reduction in grade to 
PV1/E-1 date 3 May 2016.  The applicant was erroneously reduced in rank in 
accordance with AR 600-8-19 (Promotions and Reductions).  The applicant’s grade to 
be restored to PFC/E-3 with the DOR of 3 October 2014, approved by 1LT X__, 
Commander, 957th Quartermaster Company.

3.  A review of the applicant’s service record shows:

	a.  She enlisted in the USAR on 19 June 2014 in the grade of Private (PV2)/E-2.

	b.  She entered active duty for training (ADT) on 29 September 2014.

	c.  She was released from ADT on 13 March 2015 with an honorable 
characterization of service under the provisions of AR 635-200, chapter 4 (Completion 
of Required Active Service).  Her DD Form 214 shows that she completed 5 months 
and 15 days of active service.

	d.  On 11 April 2016, the applicant’s unit commander notified her of the intent to 
separate her from the USAR under the provisions of AR 135-178, chapter 9 for failure of 
the APFT three times.  The commander recommended that applicant received a general 
under honorable conditions characterization of service.

	e.  On 9 May 2016, the applicant’s commander confirmed that that 
acknowledgement of separation and election of rights and options was not returned to 
the unit by the applicant.

	f.  On 27 October 2016, the applicant’s commander initiated separation under the 
provisions of AR 135-178, chapter 9, recommending a general under honorable 
conditions characterization of service for failure of the APFT three times.

	g.  On 31 October 2016, legal review concluded that the separation packet was 
legally sufficient to separation the applicant under provisions of AR 135-178, chapter 9 
and that normally a Soldier could receive an honorable or general under honorable 
conditions characterization of service.  The applicant’s unit used proper notification 
procedures and sent the notification of separation certified mail to the applicant’s last 
known address.  The applicant failed to respond, thereby waived her rights to a board.

	h.  On 2 November 2016, the applicant’s battalion commander recommended that 
she be separated from the USAR under provisions of AR 135-178, chapter 9 and 
receive a general under honorable conditions characterization of service.

	i.  On 15 December 2016, the separation authority approved the applicant’s 
separation from the USAR under the provisions of AR 135-178, chapter 9 and directed 
that she received a general under honorable conditions characterization of service.

	j.  63rd Regional Support Command Order 17-012-00009 dated 12 January 2017, 
shows the applicant was discharged from the USAR on 18 January 2017 under the 
provisions of AR 135-178, chapter 9 with a general under honorable conditions 
characterizations with the grade of PV1/E-1.

4.  By regulation 600-8-19, if a Soldier in the rank of corporal (CPL)/E-4 and/or SPC and 
below is being reduced one grade without referral to a reduction board, the reduction 
action must be completed within 30 duty days upon receipt of documentary evidence 
and before separation or retention is considered.  Individuals in the rank of CPL and 
below may be reduced up to one grade without action by a board. Individuals in the rank 
of PFC may be reduced two grades without a board. Reduction transactions for all 
grades will be submitted by the battalion human resources.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was warranted.  The applicant’s contentions were carefully considered.  Evidence 
of record shows she should have been discharged at the rank of PFC; However, her 
discharge orders shows her rank as PV1.  The Board agreed to amend her USAR 
discharge orders to show her rank as PFC.

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 that the evidence presented was sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by amending Orders 17-012-
00009, issued by Headquarters, 63rd Regional Support Command on 12 January 2017, 
to show her rank as PFC instead of PV1.
	  
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.

REFERENCES:

1.  Army Regulation (AR) 600-8-19 (Promotions and Reductions), in effect at the time, if 
a Soldier in the rank of corporal (CPL)/E-4 and/or SPC and below is being reduced one 
grade without referral to a reduction board, the reduction action must be completed 
within 30 duty days upon receipt of documentary evidence and before separation or 
retention is considered.  Individuals in the rank of CPL and below may be reduced up to 
one grade without action by a board. Individuals in the rank of PFC may be reduced two 
grades without a board. Reduction transactions for all grades will be submitted by the 
battalion human resources.

	a.  Paragraph 10-11 (Appeals), 

*	appeals of reduction under table 10–2, rule 1 are authorized but only to correct 
an erroneous reduction (for example, the reduction action did not meet the 
requirements of the rule and was therefore without a sufficient basis)
*	appeals of reduction for inefficiency or for misconduct are authorized to correct 
an erroneous reduction on equitable grounds, this will be based on the facts and 
circumstances of the particular case that partial or full restoration of rank is in the 
best interest of the Army and the Soldier
*	authorized appeals will be submitted in writing within 30 calendar days for troop 
program unit (TPU)) of the date of reduction or date of memorandum notifying 
the Soldier that he/she will be restored to the former rank, a copy of the appeal 
and all related documentation will be forwarded to the officer authorized to take 
action on the appeal
*	final action on appeals will be taken by the next higher authority above reduction 
authority for ranks SSG and below
*	appellate authority will direct restoration to the former rank if the reduction if it is 
determined that it is applicable, the DOR for Soldiers restored to a former rank 
will be the same as the DOR prior to the reduction. 
*	if the appellate authority determines that the reduction will be changed on 
equitable grounds, restoration to the former rank or to any intermediate rank will 
be directed, restorations will be effective as of the date of the order, DOR for 
Soldiers restored to former rank will be the same as DOR prior to reduction, DOR 
for Soldiers restored to an intermediate rank will be the same as the date of the 
order directing restoration. 
*	if the appellate authority determines that the reduction meets the requirements of 
this regulation and need not be changed on equitable grounds, the appeal will be 
denied

	b.  Paragraph 10-12 (Reduction Orders), administrative reductions are announced in 
orders for sergeant (SGT)/E-5 and above or on a DA Form 4187 for CPL and/or SPC/
E-4 and below and will be filed in the performance section of the individual Soldier’s 
Army Military Human Resource Record (AMHRR).  Reduction instruments will cite the 
basis for the reduction (Such as inefficiency or failure to complete training) and the 
authori8ty for the action.  When reduction is for other than misconduct or misconduct 
based on civil conviction, the reduction instrument will cite the basis, authority, and the 
appropriate paragraph.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170006260

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