PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 January 2000                   
	DOCKET NUMBER:   AR1999028227

	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.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Mr. John D. Miller		Member	
	Mr. James M. Alward		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 his rank and grade as Specialist Four (SP4), E-4.

3.  The applicant states that he knew he had been promoted to SP4 but never received orders until he was doing research for his VA claim.

4.  The applicant’s military records show that while in Vietnam he had been promoted to the temporary grade of SP4 effective 13 February 1969.  The promotion orders had been published 1 March 1969.  The promotion orders are in his military personnel records jacket and the promotion is annotated on his DA Form 20, Personnel Qualification Record.  

5.  The applicant was released from active duty 28 March 1969.  His DD Form 214 shows his rank and grade as Private First Class, E-3.

6.  Army Regulation 635-5 prescribes the separation documents that will be furnished each individual who is separated from the Army and establishes standardized procedures for the preparation of these documents.  The regulation in effect at the time prescribed that the grade in which the enlisted soldier was serving at the time of separation, indicating whether permanent or temporary, would be entered in items 5a and 5b of the DD Form 214.

CONCLUSIONS:

1.  The evidence of record shows the applicant had been promoted to the temporary rank and grade of SP4, E-4 a month prior to his separation.  His DD Form 214 erroneously shows his rank and grade as Private First Class, E-3.

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, items 5a, 5b and 6 to read SP4 (T)   E-4 13 FEB 69, respectively.

BOARD VOTE:  

__ejo___  __jdm___  __jma___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Erin J. Olmes
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028227	
SUFFIX		
RECON		
DATE BOARDED	20000501	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.