MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            25 August 1999                  
	DOCKET NUMBER:   AR1998014068

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

	Mr. Loren G. Harrell		Director	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Allen L. Raub		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his separation orders and his DD Form 214, Certificate of Release or Discharge, reflect the same pay grade (E-4) as his promotion orders.

APPLICANT STATES:  That his promotion orders reflect that he was promoted to pay grade E-4 effective 20 January 1993.  His separation orders dated 20 April 1993 show him as pay grade E-3 and his DD Form 214 show his grade as E-4.  He contends that he was paid severance pay as an E-4 but since his separation orders show his grade as E-3, the Defense Finance and Accounting Service (DFAS) is attempting to collect an overpayment from him due to the difference in grade.

In support of his request, he has provided a copy of his DD Form 214 and a copy of the Personnel Action (DA Form 4187) advancing him to pay grade E-4.

EVIDENCE OF RECORD:  The applicant's military records show:

He was honorably separated from active duty on 5 May 1993 for physical disability with severance pay.  His DD Form 214 shows his pay grade at that time as E-4.  

On 31 August 1992 a Physical Evaluation Board (PEB) approved his disability discharge for traumatic injury to the left wrist which occurred on 19 March 1992.  At that time, he was serving in pay grade E-3.

On 5 January 1993 he was recommended for advancement to pay grade E-4 effective 20 January 1993. 

Orders 106-15, dated 20 April 1993 direct his reassignment to a Transition Point for separation processing.  These orders reflect his pay grade as E-3.  Discharge orders 125-020, dated 5 May 1993 show his grade as E-4.

Army Regulation 600-8-19, Enlisted Promotions and Reductions, provides in pertinent part, that an individual is in an nonpromotable status…when a PEB determines that a soldier is no longer qualified for continued active service.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Notwithstanding the DA Form 4187 advancing him to pay grade E-4 as of     20 January 1993, or the discharge order, or his DD Form 214 showing he was an E-4, he was not eligible for that advancement.

2.  When the PEB determined on 31 August 1992 that the applicant was no longer qualified for continued active service he was as of that time nonpromotable.  Since he was an E-3 at the time of the PEB’s decision, severance pay at the E-3 rate was appropriate.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_lls _____  _le _____  _alr_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998014068	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  108.09		
2.   129.00		
3.		
4.		
5.		
6.