MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 February 2001
	DOCKET NUMBER:   AR2000044774

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Barbara J. Lutz		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                	       records
	Exhibit B - Military Personnel Records (including
	                  advisory opinion, if any)

APPLICANT REQUESTS:  That his military records be corrected to show the rank of sergeant.  He also requests that his certificates of appreciation be reflected on his DD Form 214 (Report of Separation from Active Duty).

APPLICANT STATES:  That he was promoted to Sergeant on 1 November 1971 and separated from the Army on 7 January 1972.  He states that his promotion orders where not available at the time his separation document was being prepared.  In support of his application he submits a copy of his promotion order to sergeant and his DD Form 214.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant entered the Army on 6 April 1970 for a period of 2 years and was trained as a light weapons infantryman.  He was awarded the National Defense Service Medal and the Parachute Badge.  He was honorably released form active duty on 7 January 1972 in the rank specialist four.

Special Orders #238, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC promoted the applicant to sergeant with an effective date of 
1 November 1971.

Army Regulation 600-200 prescribed the policy and procedures for career management of Army personnel.  Chapter 7, paragraph 7-19, in effect at the time, provided a precondition service obligation is established for promotion to pay grade E-5 and 12 months for promotion to E-6.  Waivers were not be granted.

Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing DD Form 214, and does not authorize certificates of appreciation to be entered on the separation documents.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board notes that the applicant was promoted to sergeant with an effective date of 1 November 1971 and his separation date from the Army was 2 January 1972.  Army Regulation 600-200, chapter 7, paragraph 7-19, required a service obligation of 3 months for promotion to pay grade E-5.  Since he only served for 2 months his promotion to sergeant was invalid.

2.  The applicant’s rank of specialist four at the time of his separation from the Army is correct.

3.  Certificates of appreciation are not an authorized entry on the DD Form 214 in accordance with regulatory guidance.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_LLS____  __JEA___  __BJL___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000044774	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010201	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	131.04	
2.		
3.		
4.		
5.		
6.