PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 September 2000                   
	DOCKET NUMBER:   AR2000042786

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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, in effect, that his rank and discharge date on his Honorable Discharge Certificate be corrected.

3.  The applicant states that his correct rank was Sergeant (SGT), E-5, not Specialist Five (SP5), E-5, and that he was discharged on 18 January 1972 rather than 16 November 1972.

4.  The applicant’s military records show that he was inducted into the Army on 19 January 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 13B (Field Artillery Crewman).  He was promoted to the permanent rank of Private First Class, E-3 on 24 July 1966 and to the temporary rank of Specialist Four, E-4 on 24 October 1966.  He was laterally appointed to the temporary rank of Corporal, E-4 in 1967 and was promoted to the temporary rank of SGT, E-5 on 24 August 1967.  He was released from active duty in the temporary rank of SGT on         18 January 1968 and transferred to the U. S. Army Reserve (USAR) Control Group (Annual Training).  Item 16 of his Report of Transfer or Discharge,         DD Form 214, shows his terminal date of Reserve obligation as 18 January 1972.  Item 23a of his DD Form 214 shows his MOS as 13B40.

5.  Orders 11-1442320, U. S. Army Reserve Components Personnel and Administration Center, dated 15 November 1972 discharged the applicant from the USAR effective 16 November 1972.  The orders show his rank as SP5 and his MOS as 13B20.  His Honorable Discharge Certificate shows his rank as SP5 and his discharge date as 16 November 1972.

6.  Army Regulation 600-200 prescribes policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  The regulation in effect at the time stated that noncommissioned officers (NCOs) would not hold or be awarded skill level characters other than 4 or 5 and that the primary MOS of a specialist would not include skill level characters 4 and 5 (NCO skills).

7.  Army Regulation 611-201 provides the enlisted MOS classification structure for the U. S. Army.  The regulation in effect at the time of the applicant’s release from active duty and at the time of his discharge from the USAR provided that   E-5 13Bs would hold MOS code 13B40.  That is, 13Bs in the grade of E-5 would hold the rank of SGT, the NCO rank and not SP5, the specialist rank. 

8.  Army Regulation 135-178 establishes policies and procedures governing the administrative separation of enlisted soldiers from the Army National Guard of the United States and the USAR.  In pertinent part, it states that when a soldier is not discharged on the actual date of completion of term or enlistment or date of completion of statutorily obligated service, the soldier will be considered to have been retained beyond normal discharge date for the convenience of the Government.  Such extended service is creditable service.
CONCLUSIONS:

1.  The applicant’s rank on his Honorable Discharge Certificate and his rank and MOS on his USAR discharge orders are incorrect.  Because he held MOS 13B, by regulation he should have held the rank of Sergeant, E-5 and MOS code 13B40.

2.  Regarding the applicant’s date of discharge from the USAR, the applicant should have been discharged on 18 January 1968 after completing his 6-year obligation.  However, The U. S. Army Reserve Components Personnel and Administration Center was unable for some reason to publish his discharge orders until 15 November 1972.  Since a discharge cannot be made retroactive, his discharge date was made effective the following day, 16 November 1972. Admittedly he was not discharged in a timely manner but the date on his discharge orders is not an error.  Such action is provided for by regulation.

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

RECOMMENDATION:

1.  That the applicant’s Honorable Discharge Certificate be corrected to show his rank as “SGT” and his USAR discharge orders be corrected to show his rank and MOS as “SGT 13B40.” 

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

BOARD VOTE:  

__hof___  __jpi___  __rks___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Hubert O. Fry, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000042786	
SUFFIX		
RECON		
DATE BOARDED	20000919	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.