PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  25 March 1999
	DOCKET NUMBER:   AR1999023296

	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	
	Ms. Lee Tinsley		Analyst	

  The following members, a quorum, were present:

Ms.	Margaret K. Patterson		Chairperson	
Mr. 	Elzey J. Arledge, Jr.		Member	
Mr. 	Lester Echols		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 orders (Orders D-05-430745), dated 
3 May 1994, be corrected to show his proper rank of Specialist (E-4).

3.  The applicant states, in effect, that when he was discharged from the California Army National Guard on 20 December 1993 (Order 243-61), he was discharged as a Specialist (E-4) and assigned to the USAR Control Group in which he was discharged on 3 May 1994 (Orders D-05-430745) as a PV2.  Applicant claims that he never should have been demoted and that the error is a typographical error.

4.  Available records available to the Board show that the applicant entered active duty for training as a reservist on 5 August 1987 for a period of 5 months and 18 days.  He was awarded MOS 63B10(Light Wheel Vehicle Mechanic).

5.  On 31 October 1989, the applicant joined the California Army National Guard in MOS 13B10 (Cannon Crewmember).  The applicant served a total of 3 years, 6 months, 20 days in CANG and 1 year, 11 months, 22 days prior reserve component service.  He was promoted to Specialist (E-4) effective 31 August 1990.

6.  The applicant’s Report of Separation documents (DD Form 214 (3)) and NGB Form 22 (Report of Separation from Army National Guard) indicate honorable discharges.  A NGB Form 22, dated 19 May 1993, also indicates that applicant held the rank of E-4 at time of discharge.

CONCLUSIONS:

1.  The applicant’s NGB Form 22 indicates that he held the rank of Specialist (E-4) at the time of discharge.

2.  After a review of the evidence submitted with his application and the evidence of record, the Board is inclined to agree with the applicant’s assumption that the rank annotated on Orders D-05-430745 is in error and should be corrected to reflect his proper rank at time of discharge.

3.  In view of the foregoing, it would be appropriate to correct the applicant’s records, as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending Orders D-05-43745 to reflect the rank of the individual concerned as Specialist (E-4).
BOARD VOTE:  

MKP         EJA           LE     GRANT AS STATED IN RECOMMENDATION

                                          GRANT FORMAL HEARING

                                          DENY APPLICATION

			Margaret K. Patterson        
			CHAIRPERSON

INDEX

CASE ID	AR	
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	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.