IN THE CASE OF:  
 
  BOARD DATE: 12 December 2023 
 
  DOCKET NUMBER: AR20230003523 
 
 
APPLICANT REQUESTS: removal of the DA Form 4187 (Personnel Action), 21 July 2021, from his Army Military Human Resource Record (AMHRR) or transfer of the form to his restricted folder. 
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) 

• Marriage License, 9 June 2020 

• DA Form 4187, 21 July 2021 (Reduction in Grade) 

• U.S. Army Recruiting Command Enlistment Eligibility and Processing Division Background Screening Branch Memorandum for Record (Security Clearance Confirmation), 9 November 2020 

• Internal Revenue Service Form 1095-C (Employer-Provided Health Insurance Offer and Coverage) for 2020, 2021, and 2022 

• Army Paralegal Competence Course Class 003-22 Certificate of Completion, 8 June 2022 

• U.S. Army Trial Defense Service Great Plains Region, Fort Sill Field Office, Memorandum for Record ((Applicant) Letter of Recommendation), 18 January 2023 

• two Letters of Recommendation, undated 

• Distributed Leader Course – Level 1 Army Leadership and Profession Certificate of Completion, 6 February 2023 

• Department of the Army Orders 00040655593.00, 23 February 2023 (Army Commendation Medal) 


 
FACTS: 
 
1.  The applicant states he was administratively reduced in rank/grade to private two (PV2)/E-2 from private first class (PFC)/E-3 under the provisions of Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 10-5 (Policy), for inefficiency when his first-line noncommissioned officer submitted the DA Form 4187 to his detachment commander, First Lieutenant K____, who approved it without notifying 
him. Army Regulation 600-8-19, paragraph 10-6 (Criteria), provides that commanders would present documents showing the Soldier's inefficiency to the reduction authority. 
 
 a.  Documents could be any of the following: 
 
• statements of counseling and documented attempts at rehabilitation by chain of command or supervisors 

• record of performance, acts, conduct, or negligence during the period concerned 

• correspondence from creditors, attempting to collect a debt from the Soldier 

• adverse correspondence from civil authorities. 


 
 b.  Documents would establish a pattern of inefficiency rather than identify a specific incident. Reductions for inefficiency would not be used for the following: 
 
• to reduce Soldiers for actions for which they had been acquitted because of court-martial proceedings or civil proceedings 

• in lieu of Article 15, Uniform Code of Military Justice (UCMJ) 

• to reduce a Soldier for a single act of misconduct 


 
 c.  There are no supporting documents or counseling statements attached to the allegation of negligence or to his DA Form 4187. This has caused him the injustice of being ineligible for promotion consideration while serving in the Regular Army and a lateral promotion to the rank of corporal despite being assigned to positions as a PFC and specialist that should have been held by a staff sergeant or sergeant first class. 
 
2.  On 8 August 2018, the applicant enlisted in the U.S. Army Reserve. He achieved his highest grade held in the U.S. Army Reserve on 8 December 2019 when he was promoted to PFC. 
 
3.  On 21 July 2020, his detachment commander, First Lieutenant K____, approved his reduction from PFC to PV2 under the provisions of Army Regulation 600-8-19, paragraph 10-5 (Reduction for Inefficiency). 
 
4.  The applicant's AMHRR does not contain a DA Form 4856 (Developmental Counseling Form) or other supporting documentation explaining his reduction in grade. 
 
5.  On 7 December 2020, the applicant enlisted in the Regular Army in the rank/grade of PV2/E-2. 
 
6.  The U.S. Army Trial Defense Service Great Plains Region, Fort Sill Field Office, memorandum for record from the applicant's supervisor ((Applicant) Letter of Recommendation), 18 January 2023, attests to his paralegal skills and traits as a 
paralegal. She notes he has been performing duties at the level of a noncommissioned officer, rather than a junior Soldier. 
 
7.  Department of the Army Orders 00040655593.00, 23 February 2023, awarded him the Army Commendation Medal for exceptionally commendable service while assigned as a legal assistance paralegal and trial defense paralegal during the period 15 December 2020 to 17 February 2023. 
 
8.  He was honorably discharged in the rank/grade of specialist/E-4 by reason of disability on 30 March 2023. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 2 years, 3 months, and 24 days of net active service during this period. 
 
9.  The undated letters of recommendation from his previous supervisors also attest to his character, skills, and traits as a paralegal, and note he performed duties at the level of a noncommissioned officer, rather than a junior Soldier. He always met deadlines, stayed late to carry out the mission, was personable and empathetic with clients. He is driven, motivated, smart, hard-working, dedicated, reliable and has a magnificent work ethic. 
 
BOARD DISCUSSION: 
 
After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was warranted. The applicant's contentions, his military records, and regulatory guidance were carefully considered. The applicant’s AMHRR contains a DA Form 4187 reducing him from PFC to PV2 for inefficiency. He contends that his detachment commander approved it without notifying him and that the regulation provides that commanders would present documents showing the Soldier's inefficiency to the reduction authority. The Board accepts that the incorrect regulatory authority for reduction was cited on this form. However, since his available records don’t contain the supporting documents, the Board has no way of knowing the reason he was reduced. The Board must presume that the command’s citing of the incorrect paragraph in the DA Form 4187 is a harmless error. In the absence of evidence to the contrary, presumption of regularity applies. Additionally, the reduction occurred during his USAR service, and he was subsequently advanced to SPC during his RA service, which contradicts his claim of non-consideration for RA promotions. In the absence of supporting evidence, the Board also found it highly unlikely that he was assigned to SSG and SFC positions while serving in the ranks of PV2 and PFC in the USAR. The letters of recommendation citing his elevated responsibilities refer only to his subsequent RA service. Based on the totality of this case, the Board determined there is no error or injustice; however, the Board also believed the DA Form 4187 serves no purpose and that should be removed from his records.  
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
xx: xx: xx: 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 the Army records of the individual concerned be corrected by the removal of the DA Form 4187 (Personnel Action), 21 July 2021, from his Army Military Human Resource Record (AMHRR). 
 
  12/12/2023

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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 
 
2.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions), in effect at the time, prescribed the enlisted promotions and reductions function of the military personnel system. It provided principles of support, standards of service, policies, tasks, 
rules, and steps governing all work required in the field to support promotions and reductions. It provided the objectives of the Army's Enlisted Promotions System, which included filling authorized enlisted spaces with the best qualified Soldiers. 
 
 a.  Paragraph 10-5 provides that: 
 
Inefficiency is a demonstration of characteristics that shows that the person cannot perform duties and responsibilities commensurate of the Soldier's current rank and MOS [military occupational specialty]. For the purpose of administrative reduction, inefficiency must be predicated on a pattern of acts, conduct or negligence that clearly shows the Soldier lacks the abilities and qualities normally required and expected of the Soldier's rank and experience. Although CDRs [commanders] may consider misconduct, including conviction by civil court, as bearing on inefficiency, misconduct alone will not be the basis for an administrative reduction under this paragraph. Soldiers may be administratively reduced under this authority for longstanding unpaid personal debts that he or she has not made a reasonable attempt to pay. An administrative reduction for inefficiency is limited to SGT [sergeant] and above [emphasis added] and to one grade (unless formally declined by the affected Soldier, reduction boards are required as provided for in para[graph] 10-1c). 
 
 b.  Paragraph 10-6 provided that: 
 
  (1)  A Soldier must have served in the same unit for at least 90 days prior to being reduced for inefficiency. 
 
  (2)  The commander initiating the reduction action will present documents showing the Soldier's inefficiency to the reduction authority. This may include: 
 
• statements of counseling and documented attempts at rehabilitation by chain of command or supervisors 

• record of performance, acts, conduct, or negligence during the period concerned 

• correspondence from creditors, attempting to collect a debt from the Soldier 

• adverse correspondence from civil authorities 


 
  (3)  Documents will establish a pattern of inefficiency rather than identify a specific incident. 
 
  (4)  Reduction for inefficiency will not be used for the following: 
 
• to reduce Soldiers for actions for which they have been acquitted because of court-martial proceedings or civil proceedings 

• in lieu of Article 15, UCMJ 

• to reduce a Soldier for a single act of misconduct 


 
  (5)  The commander reducing the Soldier will inform him or her, in writing, of the action contemplated and the reasons. The Soldier will acknowledge receipt of the memorandum by endorsement and may submit any pertinent matter in rebuttal. Any matter submitted by the Soldier must be considered by the reduction board and reduction authority prior to rendering a decision. 
 
3.  Army Regulation 600-37 (Unfavorable Information) sets forth policies and procedures to ensure the best interests of both the Army and Soldiers are served by authorizing unfavorable information to be placed in, transferred within, or removed from an individual's AMHRR. Paragraph 7-2d (Burden of Proof and Level of Evidence Required) states once an official document has been properly filed in the AMHRR, it is presumed to be administratively correct and to have been pursuant to an objective decision by a competent authority. For removals, there is no time restriction for submitting an appeal for removal of unfavorable information from the AMHRR. The recipient has the burden to proof to show, by clear and convincing evidence, that the document is either untrue or unjust, in whole or in part. Evidence submitted in support of the appeal may include, but is not limited to an official investigation showing the initial investigation was untrue or unjust, decisions made by an authority above the imposing authority overturning the basis for the adverse documents, notarized witness statements, historical records, official documents, and/or legal opinions. 
 
4.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the AMHRR. Paragraph 3-6 (Authority for Filing or Removing Documents in the AMHRR Folders) provides that once a document is properly filed in the AMHRR,  
the document will not be removed from the record unless directed by the ABCMR or other authorized agency. 
 
//NOTHING FOLLOWS//