PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            28 January 1999
	DOCKET NUMBER:   AC98-12755
                                              AR1998012289

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Robert W. Garrett		Member	
	Mr. Curtis L. Greenway		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his discharge documents from the USAR be corrected to show that he was discharged in the pay grade of E-4 (SP4).

3.  The applicant states, in effect, that he was honorably released from active duty in the pay grade of E-4 on 13 September 1991 and was transferred to the USAR Control Group (Reinforcement).  On 27 November 1996 he was discharged from the USAR in the pay grade of E-3 (PFC) with no previous notification that he had since been reduced in grade.  In support of his application he submits a copy of his DD Form 214, his promotion orders, and his discharge orders from the USAR.

4.  The applicant’s military records show that the applicant enlisted on 28 November 1988 for a period of 2 years and 22 weeks.  He was promoted to the pay grade of E-3 on 28 November 1989 and to the pay grade of E-4 on 28 February 1991. 

5.  He was involuntary extended past his expiration of term of service during Operation Desert Storm/Shield and he continued to serve until he was honorably released from active duty in the pay grade of E-4 on 13 September 1991.  He was transferred to the USAR Control Group (Reinforcement).  He had served 2 years, 9 months, and 16 days of total active service.

6.  At the time of his separation his DD Form 214 reflected that he was released from active duty in the pay grade of E-4 (SP4).  However, it incorrectly reflected his date of rank (DOR) of 28 November 1989, his DOR as an E-3.  Additionally, his orders indicated that he was released from active duty in the pay grade of    E-3.

7.  On 26 November 1996 the Army Reserve Personnel Center (ARPERCEN) published orders discharging the applicant from the USAR in the pay grade of   E-3 effective 27 November 1996.

8.  A review of the applicant’s official records failed to reveal that the applicant was ever officially reduced in grade.

CONCLUSIONS:

1.  It appears that the administrative errors that occurred at the time the applicant was released from active duty when orders were published separating him in the pay grade of E-3 were further compounded when the ARPERCEN discharged him in the same grade that was indicated on his separation orders.

2.  However, the applicant was in fact released from active duty in the pay grade of E-4 and absent any evidence to show that he was subsequently reduced in grade, the applicant’s discharge from the USAR should be corrected to show that he was discharged in the pay grade of E-4.

3.  Additionally, the applicant’s DD Form 214 should also be corrected to show his DOR for his promotion to the pay grade of E-4 as 28 February 1991. 

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was discharged from the USAR on 27 November 1996 in the pay grade of E-4.

2.  That the DD Form 214 of the individual concerned be corrected by showing that his DOR for promotion to the pay grade of E-4 is 28 February 1991 vice 28 November 1989 as currently reflected. 

BOARD VOTE:  

__rwg___  __clg ___  __ls_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Luther L. Santiful_____
		        CHAIRPERSON

INDEX

CASE ID	AC98-12755/AR1998012289	
SUFFIX		
RECON	 	
DATE BOARDED	1999/01/28	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  110.0000		
2.		
3.		
4.		
5.		
6.