MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 February 2001
	DOCKET NUMBER:   AR2000049257

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Melvin H. Meyer		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:  In effect, that his rank and pay grade should be restored to staff sergeant/E-6 (SSG/E-6).  

APPLICANT STATES:  In effect, that there is no error or injustice in his record but he would merely like his rank restored to SSG/E-6.  He claims that since he separated and took a separation bonus in 1992, he is not entitled to any retirement pay, so his rank being restored would not cost the government any money.  He indicates that he only recently learned that it could be possible for his rank to be restored.  

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

That during three separate periods of active duty, the applicant served a total of 14 years, 3 months, and 1 day of active military service.  He first served on active duty in the Regular Army (RA) from 5 July 1968 to 7 February 1971 and was released from that period of service early as an overseas returnee.  At the time of this separation, he held the rank and pay grade of specialist five/E-5 (SP5/E-5).  

The applicant again served on active duty as a member of the RA from 6 January 1976 to 10 January 1982 and was separated from this period of service by reason of expiration of term of service (ETS).  On the date of his separation from this period of service, he held the rank and pay grade of SSG/E-6.  He completed a third period of active duty as a member of the United States Army Reserve (USAR) on 2 May 1988 and was separated in the rank and pay grade of 
SSG/E-6. 

On 11 May 1988, the applicant enlisted in the RA for six years, his last period of active duty.  At the time of this enlistment he was approved to enter active duty in the military occupational specialty 31C (Single Channel Radio Operator) with an approved grade determination for enlistment of SGT/E-5.

The record includes a properly constituted Department of Defense (DD) Form 214 (Certificate of Release from Active Duty), which was authenticated by the applicant with his signature on 7 May 1992, the date of his separation from this last period of service.  It confirms that he still held the rank and pay grade of SGT/E-5 on the date of his separation and that he was discharged, under the provisions of paragraph 16-8, Army Regulation 635-200, by reason of early release-special separation benefit (SSB) and that he was paid a SSB of $38,721.24.  

Army Regulation 635-5 (Separation Documents) provides policy and procedures pertaining to the preparation of the DD Form 214 and guidance on data entries and filing of separation documents.  It states, in effect, that the DD Form 214 will accurately reflect information specifically pertaining to the period of active duty covered by the document.  
Block 4a (grade, rate, or rank) and block 4b (pay grade) instructions states to enter in these blocks the active duty grade or rank and pay grade at the time of separation as taken from the enlisted record.

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 noted the applicant’s contention that his rank and pay grade should be restored to SSG/E-6.  However, by regulation, the rank and pay grade entered on the DD Form 214 will be that held on the date of separation, as confirmed by the service record.  

2.  The record shows that the applicant was a SGT/E-5 on the date he last separated from active duty.  Given this, the Board concludes that he was separated in the proper rank and pay grade and that his separation document accurately reflects his rank and pay grade for that period of active duty.  

3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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

___js____  ____ra__  ___mm__  DENY APPLICATION

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

INDEX

CASE ID	AR2000049257	
SUFFIX		
RECON		
DATE BOARDED	2001/02/27	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1992/05/07	
DISCHARGE AUTHORITY	AR 635-200 C16	
DISCHARGE REASON	Early Release-SSB	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  307	129.0500	
2.		
3.		
4.		
5.		
6.