AR20130012504

IN THE CASE OF:

BOARD DATE: 26 March 2014

DOCKET NUMBER: AR20130012504

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).

THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests correction of his DDForm214 (Certificate of Release or Discharge from Active Duty) to show his rank and grade as private first class (PFC)E-3 vice private two (PV2)E-2.

2. He states his DD Form 214 should be changed to show E-3 because that is the retired grade shown on his retirement orders.

3. The applicant provides copies of his DD Form 214 and retirement orders.

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted on the Regular Army (RA) on 8 November 2006. He held military occupational specialty 91A (M1 Abrams Tank System Maintainer).

2. His Enlisted Record Brief (ERB), dated 1 July 2011, shows in Section III (Service Data) his rank and date of rank (DOR) as follows:

* specialist (SPC)/E-4 DOR 1 July 2008
* PFC DOR 1 December 2010
* PV2 DOR 8 June 2011

3. His DDForm214 shows he was retired due to permanent disability effective
3 August 2011 as a PV2/E-2. He had completed 4years, 8months, and 26 days of total active duty service.

4. He provides a copy of Headquarters, Third Infantry Division and Fort Stewart Orders 182-0034, dated 1 July 2011, announcing his retirement effective
3 August 2011. The retired grade of rank is shown as “PFC.” The standard name line on the orders shows his rank as “PV2.”

5. His finance records are not available for review.

6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DDForm214. For item 4a (Grade, Rate, or Rank) and 4b (Pay Grade), enter active duty grade or rank and pay grade at time of separation from the ERB.

DISCUSSION AND CONCLUSIONS:

1. The applicant contends his pay grade on his DD Form 214 should be corrected to show his rank/grade as PFC/E-3 because that is the retired grade/rank shown on his retirement orders.

2. His ERB shows that the rank/grade he held at his retirement on 3 August 2011 was PV2/E-2.

3. It appears a determination was made that his retired grade (effective 4 August 2011) should be PFC.

4. Therefore, there is no basis for correction of the applicant’s DDForm214.

BOARD VOTE:

________ ________ ________ 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.

_______ _ X ______ ___
CHAIRPERSON

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.

ABCMR Record of Proceedings (cont) AR20130012504

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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