ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  IN THE CASE OF:  

                  BOARD DATE:  10 March 2020

                  DOCKET NUMBER:  AR20180012452

APPLICANT REQUESTS:  

*	in effect, delete erroneous reduction in rank to Private (PVT) 
*	repayment of $600 withheld from pay

APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

DD Form 149 (Application for Correction of Military Record).
 
FACTS:

1.  The applicant states his pay grade was changed to PVT from Private First Class 
(PFC) and $600 was unnecessarily withheld from his pay.  He was still a PFC and was 
not over paid so the $600 was mistakenly withheld.

2.  The applicant's service records contain the following documents for the Board's 
consideration:

	a.  A DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United 
States), dated 13 July 2017, which shows the applicant enlisted in the Army Reserve as 
a PFC in the Delayed Entry Program.  He entered Active Duty on 8 August 2017 as a 
PFC.

	b.  A DA Form 4187 (Personnel Action), dated 11 September 2019 showing the 
applicant was promoted to PFC effective 8 September 2019 with a Date of Rank of 
8 September 2019.

3.  The applicant did not provide any documentary evidence for the Board's 
consideration.

4.  The analyst of record contacted Defense Finance Accounting Service (DFAS) 
regarding the applicant's debt.  DFAS provided a DA Form 2627 (Record of 
Proceedings Under Article 15, UCMJ), which shows:

*	the applicant was found guilty of disobeying a lawful order on or about 
28 April 2018
*	his punishment included reduction to PVT
*	the applicant did not appeal the punishment
*	the DA Form 2627 was signed on 31 May 2018

4.  See applicable references below.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, the record of NJP on file with DFAS and evidence of his subsequent promotion 
to PFC.  The Board found insufficient evidence of error or injustice in the NJP 
proceedings and the applicant provided none.  Based on a preponderance of evidence, 
the Board determined that the applicant’s reduction to PVT and the corresponding 
reduction in pay was not in error or unjust.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.





























BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


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.


REFERENCE:

Army Regulation 27-10 (Military Justice), prescribes the policies and procedures 
pertaining to the administration of military justice and implements the Manual for Courts-
Martial.  It states:

a.	Any commander is authorized to exercise the disciplinary powers conferred by 
the Uniform Code of Military Justice (UCMJ), Article 15.  

	b.  A Field Grade commander may impose the following punishments:

*	an admonishment/reprimand
*	extra duty for 45 days
*	restriction for 60 days
*	for PVT through Specialist reduction of one grade or more
*	forfeiture of one half of one month's pay for two months

	



ABCMR Record of Proceedings (cont)		AR20180012452
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