IN THE CASE OF: 

		BOARD DATE: 11 October 2023

		DOCKET NUMBER: AR20230000091


APPLICANT REQUESTS: reinstatement of and retirement in the rank/grade of private 
first class (PFC)/E-3 vice private (PV2)/E-2. 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Department of Veterans Affairs Progress Notes

FACTS:

1.  The applicant states, in effect, the Board recently granted relief in the form of 
disability retirement. However, he retired in the rank/grade of PV2/E-3. He wants his 
rank of PFC reinstated based on false accusations. He was given authorization to take 
the day off to support his wife at the dentist. The next day, prior to standing in front of 
his commander, Sergeant (SGT)  told him she was taking away his rank because he is 
a “woman hater.” After going inside, she told his commander that he did not show up to 
work. Later, another Soldier, PFC of the 165th Military Intelligence Battalion went in with 
him to the commander’s office and told the commander that SGT  was abusing her 
power. She was shortly relocated to a different unit. 

2.  Review of the applicant’s service records shows: 

	a.  He enlisted in the Regular Army on 9 October 2003 in the rank/grade of 
private/E-1. He held military occupational specialty 92G, Food Service Specialist. His 
Enlisted Record Brief shows he was promoted to PFC/E-3 on 9 October 2004. 

	b.  His Enlisted Record Brief shows he was reduced to PV2/E-2 on 19 May 2005. 
The facts and circumstances surrounding this reduction are not available for review. 

	c.  On 13 June 2005, a medical evaluation board (MEB) found his medical condition 
failed retention standards and referred him to a physical evaluation board (PEB). The 
DA Form 394 (MEB Proceedings) listed his rank as PFC.

	d.  The applicant’s June 2005 Leave and Earnings Statement shows his rank as 
PFC. 

	e.  On 12 July 2005, an informal PEB convened and found the applicant’s medical 
condition of Bilateral Plantar Fasciitis secondary to pes planus with bilateral hallux 
valgus (operated), unfitting. The informal PEB further found the condition is not 
compensable and are considered as existing prior to entry on active duty (EPTS). There 
is no evidence of permanent service aggravation.

	f.  The DA Form 199 (PEB Proceedings) listed his rank as PFC. However, the rank 
is crossed out and a hand-written PV2 appears above it. 

	e.  On 16 December 2005, Darmstadt Transition Center published Orders 350-01 
ordering his separation from active duty, in the rank of PV2 effective 26 January 2006. 

	f.  He was honorably discharged from active duty on 26 January 2006 in accordance 
with chapter 4 of Army Regulation (AR) 635-40 (Physical Disability for Retention, 
Retirement, or Separation), due to disability that existed prior to service. His 
DD Form 214 shows he completed 2 years, 3 months, and 18 days of active service. It 
also shows in:

*	Blocks 4a (Grade, Rate or Rank) and 4b (Pay Grade) PV2/E-2
*	Block 12h (Effective Date of Pay Grade) 19 May 2005

	g.  On 12 April 2022, the Board considered his request and granted relief in the form 
of referral of his records to The Office of the Surgeon General (OTSG) for disability 
evaluation processing. 

	h.  OTSG considered his condition and referred him to a PEB. An informal PEB 
found his medical conditions unfitting and recommended a combined disability rating 
with his disposition as permanent disability retirement. 

	i.  On 26 August 2022, Wiesbaden Transition Center rescinded his December 2005 
separation orders and issued new Orders 238-04 placing him on the retired list in the 
rank/grade of PV2 effective 26 January 2006

	j.  Also on 21 September 2002, the applicant’s DD Form 214 was amended from 
discharge to retirement as well as the authority for separation, the reason for 
separation, and the corresponding codes.

4.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most 
recent period of continuous active duty.  The information entered thereon reflects the 
conditions as they existed at the time of separation.  
*	Items 4a and 4b show the active-duty rank and pay grade at time of separation
*	Item 12h, the effective date of pay grade is obtained from the most recent 
promotion order


BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted. The Board carefully 
considered the applicant's record of service, documents submitted in support of the 
petition and executed a comprehensive and standard review based on law, policy and 
regulation.  Upon review of the applicant’s petition and available military records the 
Board determined the applicant was promoted to PFC/E-3 on 9 October 2004 and his 
enlisted record brief (ERB) shows the applicant was reduced to PV2/E-2 on 19 May 
2005.  The Board found insufficient evidence to show the applicant was promoted to 
back to PFC/E-3 after his reduction in 2005. Based on regulatory guidance, promotion 
to PFC/E-3 are announced with official orders.  The Board agreed the request for relief 
has no merit as the available evidence does not support the applicant was ever 
promoted back to the rank of PFC.  Therefore, relief was denied.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	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.


REFERENCES:

Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed 
policies and procedures regarding separation documents.  The DD Form 214 is a 
summary of a Soldier's most recent period of continuous active service. It provides a 
brief, clear-cut record of active service at the time of release from active duty, 
retirement, or discharge. Chapter 2 of the regulation in effect at the time contains 
guidance on the preparation of the DD Form 214. It states:

	a.  Items 4a and 4b, enter the active-duty rank and pay grade at time of the Soldier's 
separation; the rank is taken from the Soldier’s promotion and reduction orders.

	b.  Item 12h shows the effective date of pay grade is obtained from the most recent 
promotion order (or reduction instrument).

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230000091


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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