PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  1 August 2000
	DOCKET NUMBER:  AR2000035400

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs 		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Ms. Karol A. Kennedy		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 records be corrected to show that he was in pay grade E-3 at the time of his separation.  He also requests that his date of entry should have been 1 day earlier and his date of separation should be 1 day later.

3.  The applicant states that his grade and the dates on his DD Form 214 should be corrected.

4.  The applicant’s military records show that he enlisted and entered active duty on 19 April 1978.  He completed training as an equipment records clerk and was assigned to Germany.  He was promoted to pay grade E-2 effective 19 October 1978.

5.  The applicant was punished under Article 15, UCMJ, on 16 August 1978, for absence from his place of duty.  The punished imposed was a partial forfeiture of pay.  On 23 October 1978, he was again absent from his place of duty and punished under Article 15, UCMJ.  The punishment imposed included a partial forfeiture of pay and restriction.  He was punished again on 8 November 1979, for absence from his place of duty.  The punishment imposed included reduction to pay grade E-1, suspended for 6 months.  The applicant was again punished under Article 15, UCMJ, on 18 December 1980, for failing to report for guard duty and for using reproachful words.  The punishment imposed was confinement for 30 days.  On 8 June 1981 he was punished under Article 15, UCMJ, for failing to secure his rifle.  The punishment imposed included a forfeiture of pay and extra duty.  This document shows his grade as E-1 on the top of the form and on his signature block.

6.  Also in the available record is a DA Form 2 (Personnel Qualification Record) that was prepared on 19 October 1981.  The applicant’s pay grade is listed as 
E-2.

7.  A 19 January 1982 memorandum from the installation transfer activity requested the applicant’s commander designate his character of service at separation.  The applicant’s pay grade was listed as E-2.  The available records do not contain any orders that reduce the applicant to pay grade E-1 or promote him to pay grade E-3.

8.  On 21 January 1982, orders were issued which authorized the applicant’s separation effective 18 April 1982.  His pay grade is shown as E-1.  Effective 18 April 1982 the applicant was separated by reason of expiration of term of service.  His pay grade is shown as E-1 and the applicant’s signature appears in the appropriate block.

CONCLUSIONS:

1.  The available records clearly show that the applicant was enlisted on active duty on 19 April 1978 and separated on 18 April 1982.  He is not entitled to a change of his entry and separation dates.

2.  Notwithstanding that the separation order and DD Form 214 show the applicant’s pay grade as E-1, his DA Form 2-1 and the separation and transfer point memorandum show his pay grade as E-2.  There is no reduction order in the record.  Additionally there is no evidence of record, and none submitted by the applicant, that he was ever promoted to pay grade E-3.

3.  There is insufficient evidence to show that the applicant was reduced to pay grade E-1 prior to separation and he is entitled to have his grade on separation changed to E-2.

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 for the individual concerned be corrected by showing that he was separated in pay grade E-2.

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

BOARD VOTE:  

__dj___  __el___  __kk____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Deborah S. Jacobs___
		        CHAIRPERSON

INDEX

CASE ID	AR2000035400	
SUFFIX		
RECON		
DATE BOARDED	20000801	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PART	
REVIEW AUTHORITY		
ISSUES         1.	100.02	
2.	129.05	
3.		
4.		
5.		
6.