PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           20 June 2000
	DOCKET NUMBER:   AR1999029156

	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
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ernest W. Lutz 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her rank as colonel and that she was awarded the Legion of Merit.

3.  The applicant states that she was promoted to colonel (O-6) before she retired from the Army and she was awarded the Legion of Merit on retirement.

4.  The applicant’s military records show that she was a career Army Medical Specialist Corps Officer who retired on 29 February 1980 after completing 
20 years active federal service.  Her DD Form 214 shows her rank as lieutenant colonel, and does not show the Legion of Merit as an authorized award.

5.  The applicant’s retirement in the grade of lieutenant colonel was announced by U.S. Army Military Personnel Center (MILPERCEN) orders dated 4 December 1979.

6.  On 16 January 1980, the applicant was notified by the Army Reserve Components Personnel and Administration Center (RCPAC) of her promotion to colonel, with an effective date of 27 July 1979.

7.  On 6 February 1980, MILPERCEN published an amendment to the applicant’s retirement orders changing her retired grade to colonel.

8.  On 18 March 1980, permanent orders 33-5 were published by Headquarters, U.S. Army Health Services Command, awarding her the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding services for the period 7 April 1975 to 29 February 1980.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was promoted to colonel effective 27 July 1979 and that she retired in that grade.

2.  The evidence also shows that the applicant was awarded the Legion of Merit on 18 March 1980.

3.  An administrative error was made in the preparation of the DD Form 214 showing an incorrect entry for the applicant’s rank and pay grade.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by changing the applicant’s DD Form 214 showing her rank and pay grade as colonel O-6, and by adding the Legion of Merit as an authorized award.

BOARD VOTE:  

__vbc___  __jea___  __ewl____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Van B. Cunningham__
		        CHAIRPERSON

INDEX

CASE ID	AR1999029156	
SUFFIX		
RECON		
DATE BOARDED	20000620	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	110.00	
3.	129.00	
4.		
5.		
6.