PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            7 June 2000                  
	DOCKET NUMBER:   AR1999021519

	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. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. James P. Stueve		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 23 December 1991, DD Form 214 be corrected to show he was promoted to the pay grade of E-6; and that he had        2 years, 2 months and 24 days of foreign service.  He also requests that his records be corrected to show he was an American Indian (Cherokee).  In support of his request the applicant submits copies of his DD Form 214; his promotion order to staff sergeant; and his tribal enrollment card showing him a member of the Echota Cherokee Tribe of Alabama. 

3.  The applicant states that his promotion was recorded with finance but he has no way of proving it to his family; that his latest DD Form 214 does not include his prior overseas service; and that his records should be corrected to show his race as American Indian.  He notes that he told the Army this but they refused to believe him.  The applicant states he desires to have these records corrected for his children and grandchildren.  

4.  The applicant’s military records show that his first term of enlistment was       12 October 1967 to 3 October 1970.  His DD Form 214 for this period of service correctly reflects his foreign service as 1 year, 11 months and 17 days.

5.  He was ordered to active duty on 25 August 1991 in support of Operation Desert Shield/Desert Storm, and released from active duty on 23 December 1991.  His DD Form 214 for this period of service correctly reflects his foreign service as 3 months and 7 days.

6.  The applicant was promoted to the pay grade of E-6, with an effective date and date of rank of 21 November 1991.  However his December 1991 separation report reflects his grade as E-5 with a date of rank of 880318.

7.  The applicant’s initial Report of Medical Examination, dated 4 October 1967, and his Enlisted Qualification Record show his race as Caucasian. 

8.  Army Regulation 635-5 states, in pertinent part that, item 4 (pay grade) on a DD Form 214 will reflect an individual’s grade at the time of separation from active duty.  Item 12f (foreign service) is intended to reflect an individual’s overseas service, completed during the period of service captured on the DD Form 214. 

CONCLUSIONS:

1.  The applicant was promoted to the pay grade of E-6 on 21 November 1991, therefore his 1991 DD Form 214 should show “E-6” in item 4, and item 12h (effective date of pay grade) should reflect 911121.  

2.  The applicant’s 1970 and 1991, DD Forms 214 correctly reflect the foreign service completed during the periods of service captured by the respective separation reports.

3.  For historical purposes the Army has an obligation to maintain records as they were originally constituted.  The evidence shows that the applicant’s race during his original enlistment and throughout his military service was Caucasian.  However, his tribal affiliation certificate will be added to his official file as a matter of information.

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 changing his December 1991 DD Form 214,

a.  to show in item 4 (pay grade) the grade of E-6, and: 

b.  to show in item 12h (effective date of pay grade) 911121.

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

BOARD VOTE:  

___mkp__  ___esc__  __jps___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999021519	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000607	
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.		
3.		
4.		
5.		
6.