PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 December 1999                   
	DOCKET NUMBER:   AR1999026631

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Ms. Meta Waller		Member	
	Ms. Debra Williams		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 DD Form 214 be corrected to show he separated as a Sergeant (SGT), E-5.

3.  The applicant states that his DD Form 214 was completed in January 1999 and he was promoted to SGT, E-5 on 1 March 1999.  He provides his promotion orders and DD Form 214 as supporting evidence.

4.  The applicant’s military records are not available.  The information contained herein was obtained from documents provided with the application.

5.  The applicant was promoted to SGT, E-5 effective 1 March 1999.  The orders state in part “Promotion is not valid and it will be revoked if he is not in a promotable status on the effective date of promotion.”  

6.  The applicant was discharged on 25 March 1999 by reason of completing his required active service.  Blocks 4a and 4b show his grade and pay grade as “CPL E4, respectively, and block 12h shows his date of pay grade as             1998 10 27.  His DD Form 214 was presumably prepared when he departed on transition leave prior to his promotion.

7.  The U. S. Total Army Personnel Command has verified that a service obligation is not currently in effect for soldiers promoted to SGT.

CONCLUSIONS:

1.  The Board concludes that the applicant’s DD Form 214 contains an administrative error.  He states his DD Form 214 was prepared in January 1999, presumably when he departed on transition leave.  The evidence shows he was promoted to SGT effective 1 March 1999.  The Board also concludes that he was in a promotable status on the effective date of promotion since he was allowed to separate upon completion of his required active service, with a reentry code of “1,” just 25 days later.

2.  In view of the foregoing, it would be in the interest of justice 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 the applicant’s DD Form 214, blocks 4a and 4b to read SGT E5, respectively, and block 12h to read 1999 03 01.

BOARD VOTE:  

__hof___  __mw____  __dw____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Hubert O. Fry, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999026631	
SUFFIX		
RECON		
DATE BOARDED	19991221	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.