PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            10 June 1999   
	DOCKET NUMBER:   AR1999016010

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, Jr.		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 from the Army Reserve on              2 October 1989 show his rank as Sergeant First Class (SFC), vice Staff Sergeant (SSG), and that he receive qualifying service for retired pay at age 60 because of his inability to reenlist in the Army Reserve in 1997 in the rank that was available in a unit vacancy position. 

3.  The applicant states that he served in the Army Reserve from 1974 until 1989 and requested a separation because of his business concerns.  His rank was SFC at the time of his discharge; however, his discharge order showed his rank as SSG.  He attempted to rectify this over the years, to no avail.  He moved to North Carolina in 1997, and was offered a Reserve position as a Staff Sergeant, but because his discharge certificate showed that rank (Staff Sergeant), he was informed that his rank at enlistment would only be Sergeant (E-5).  He was told by recruiting officials that the position would be held for him for a short period of time, while he tried to correct the error.  He forwarded copies of promotion orders to St. Louis, and also to his congressman (MC), but the error has yet to be corrected.  In 1997 the applicant provided much of the aforementioned information to his MC, stating that he had been trying to get his rank on his discharge documents changed for the past six year, that he was to enlist in a unit vacancy as a Staff Sergeant on 16 July 1997, but could not enlist in that rank because of his erroneous rank on his 2 October 1989 discharge documents.      

4.  The applicant’s military records show that he served on active duty and was released from active duty in the grade of E-4 on 12 December 1969.  He had       1 year, 11 months, and 28 days of service.  He served in the Army Reserve Control Group until his discharge on 1 December 1973.  He enlisted in the Army Reserve for one year on 17 December 1975 and remained in the Reserve until his discharge in 1989.

5.  An order published by Headquarters, 98th Division (Training) on                    31 January 1984 shows that the applicant was promoted to Sergeant First Class effective and with a date of rank of 31 January 1984.  Documents in his record subsequent to that date show his rank as SFC.  

6.  On 17 July 1988 the applicant extended his enlistment for one year, making his new separation date (ETS) 2 October 1989.  His oath of extension shows his rank as SFC.  On 15 December 1988 he requested transfer to the Army Reserve Control Group at St. Louis.  On 27 January 1989 his major Army Reserve Command (ARCOM), the 63d ARCOM, published an order transferring him to the Army Reserve Control Group (Reinforcement) effective 10 December 1988 because of unsatisfactory participation in his Reserve unit.  That order shows his rank as SFC.  The reason for his transfer was in error, and on 25 August 1989, the 63d ARCOM amended the order to show that the transfer was voluntary. 

7.  On 30 September 1989 the Army Reserve Personnel Center published an order discharging the applicant from the Army Reserve on his ETS,                      2 October 1989.   He was issued an Honorable Discharge Certificate on that date.  Both documents show his rank as Staff Sergeant (SSG).

8.  There are no documents, or any information, other than that provided by the applicant, concerning his attempt to enlist in the Army Reserve in a troop program unit in North Carolina in 1997.  

CONCLUSIONS:

1.  The applicant’s contention that his rank was Sergeant First Class at the time of his discharge on 2 October 1989 is accepted.  Evidence clearly shows that he was promoted to that rank, and that was his rank as evidenced by documents subsequent to his promotion date, to include orders dated in 1989 transferring him to the Army Reserve Control Group (Reinforcement).   

2.  The applicant’s rank on his 2 October 1989 discharge order should be amended to read Sergeant First Class, vice SSG.  He should be issued an Honorable Discharge Certificate discharging him from the Army on                      2 October 1989 in the rank of Sergeant First Class. 

3.  Notwithstanding his contentions concerning his attempt to enlist in a troop program unit vacancy in North Carolina in 1997, the applicant has provided no evidence thereof.  Be that as it may, any decision to not enlist, as he has implied, was his to make.  He stated that he could have enlisted in pay grade E-5.  Even if evidence existed to support his contentions, the error made would not warrant the relief requested.  This Board would not grant him some two years of Reserve service credit because of a purported decision that he made based on an erroneous rank on discharge documents.

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 Army on 2 October 1989 in the rank of Sergeant First Class.  He should be issued an Honorable Discharge Certificate discharging him from the Army on       2 October 1989 in the rank of Sergeant First Class. 

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

__sac___  ___slp__  ___eja__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999016010	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990610	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1. 110.00		
2.  135.00		
3.		
4.		
5.		
6.