PROCEEDINGS

	IN THE CASE OF:      .

	BOARD DATE:           6 June 2002                  
	DOCKET NUMBER:   AR2001058575

	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. Gerald E. Vandenberg		Analyst	

The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas E. O'Shaughnessy, 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 reconsideration of his previous application to correct his military records by showing that he was medically retired as a private first class (PFC) pay grade E-3.

3.  The applicant states, in effect, that he was promoted to PFC before he was medically retired and that, because the medical paper work was not correct, he was not retired in the proper grade.  He also states that he was not absent without leave (AWOL) at any time.  He states that he had been granted leave and an extension of that leave by his commanding officer.  He states that although he had been detained for being AWOL, following receiving medical care at Fort Ord, he was released after it was determined that he was in an authorized absence status. 

4.  Incorporated herein by reference are military records, which were summarized in the decisional document prepared to reflect the Board's previous consideration of the case (AR2000048336) on 29 March 2001.

5.  The applicant requests reconsideration of his application to show his retired pay grade as E-3 with the additional argument that he was not AWOL.  Inasmuch as the applicant's complete records were not available to the Board at the time of the prior review, the availability of his complete official military personnel file (OMPF) constitutes substantial relevant new evidence.  The staff of the Board finds it to be in the interest of justice to refer his application to the Board for additional review. 

6.  As noted in the prior review, the applicant sustained a serious injury to his foot on 25 March 1975.  The record shows that he was hospitalized at the Ireland Army Hospital, Fort Knox, Kentucky, where he underwent surgery which included amputation of two toes.  On 7 April 1975, he had additional surgery with the insertion of pins in his foot.  In the Medical Evaluation Board's (MEB) narrative history summary, it states that he was transferred to Fort Ord for follow-up care "because it was near his home," and that while at that location he had additional surgery to remove the pins in his foot.  The date and nature of this transfer are not of record.

7.  The DA Form 4187 (Personnel Actions), dated 31 March 1975, at section II (Duty Status), shows the applicant as present for duty to hospital effective 1030 hours, 25 March 1975.

8.  A DA Form 3836 (Notice of Return of US Army Member from Unauthorized Absence) shows the applicant, as a recruit (E-1), being AWOL from his training company (C-1-1) for the period of 17 April 1975 through 13 May 1975.  

9.  The DA Form 8-118 (MEB Proceedings), dated 5 August 1975, shows the applicant to be in pay grade E-2 at item 2 (grade) and in pay grade E-1 at item 36 (signature block).

10.  The DA Form 4187, dated 19 August 1975, at section II, shows the applicant's status as hospital to present for duty effective 0700 hours 12 August 1975.  In remarks it states "EM absent 55 days.  EM reassigned to Medical Holding Company, USA MEDDAC (W2LA06), Fort Knox, Kentucky, 40121, 12 August 1975."  This document shows the applicant in pay grade E-3.  

11.  A second DA Form 4187, also dated 19 August 1975, at section II, shows the applicant's status as present for duty to hospital effective 0800 hours, 12 March 1975.

12.  Special Orders Number 122, paragraph 18, Headquarters, Army Medical Department Activity, Fort Knox, Kentucky, shows that the applicant was reassigned to the Medical Holding Company at Ireland Army Hospital, Fort Knox, Kentucky on 12 August 1975.  

13.  Special Orders Number 174, paragraph 166, Headquarters, US Army Armor Center and Ft. Knox, Kentucky, dated 12 August 1975, announces the applicant's promotion to PFC with an effective date of rank of 13 August 1975.  

14.  The Physical Evaluation Board (PEB) for the applicant was conducted at Fort Gordon, Georgia.  The PEB Proceedings (DA Form 199), dated 14 August 1975, shows him in pay grade E-2. 

15.  The applicant's DD Form 214 (Report of Separation) lists his rank as PFC and his pay grade as E-3.  It does not show any lost time or period of AWOL.  His DA Form 20 (Personnel Qualification Record) shows that he was promoted to E-2 on 1 March 1975 and to E-3 on 13 August 1975.  It does not list any period of AWOL, other lost time, or reductions.

CONCLUSIONS:

1.  The applicant's records at the time of his MEB, PEB, and his retirement processing are inconsistent as to both his assignments and his pay grade.

2.  Due to the number of administrative actions and their dates and specific times, the Board concludes that it was clearly the intent of the training command to bring the applicant back from the hospital, promote him, and then return him to the hospital for completion of the Physical Evaluation Board.  

3.  Therefore, the Board finds that it would rectify an injustice and clarify the record to show that the applicant was promoted to PFC effective 12 August 1975, and reassigned to the Medical Holding Company on 13 August 1975.

4.  While the applicant was officially assigned to the training command until his official reassignment to the Medical Holding Company in August, his status was rather nebulous during the period that he was a patient and specifically during the reported AWOL period.  Although there is no specific documentation of the fact, it appears that the hospital command either placed the applicant on convalescent leave or allowed him to take regular leave with directions to report to the hospital at Fort Ord, California, if he had any problems with his foot.  

5.  This period of questionable status is the same period that he was reported AWOL.  The Board concludes that it is unlikely that the training command would go to the efforts it apparently did to promote him, if he had in fact been AWOL for the reported 27-day period; therefore, the Board concludes that the reported period of AWOL was an administrative error that was corrected at that time; but, through an oversight, the documentation showing the applicant as being AWOL was not removed from his records.

6.  Therefore, the Board finds that it would in the interest of justice to correct an error by removing all reference to the reported AWOL from the applicant's record.

7.  Inasmuch as his retired status is in question, the Board concludes that the applicant's entire pay record, if available, should be reviewed in light of the Board's determination that his promotion to pay grade E-3 was valid and that he should be shown to have been retired in that pay grade.

8.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error and rectify an injustice.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

a.  showing that the individual concerned was promoted to pay grade E-3 on 12 August 1975;

b.  showing that he was reassigned to the Medical Holding Company on 13 August 1975;

c.  showing that he was medically retired in pay grade E-3 effective 25 September 1975; and,

d.  removing all reference to the 17 April 1975 through 13 May 1975 period of AWOL from his records.

2.  The Board further directs that the Defense Finance and Accounting Service audit all of the applicant's pay records to determine if he was properly paid following his promotion to E-3 and to ensure that he was and is being paid in the proper pay grade of E-3. 

BOARD VOTE:  

__SK____  __JTM__  __TEO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_     _Stanley Kelley____________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001058575	
SUFFIX		
RECON	20020606 	
DATE BOARDED	 	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	129.05	
2.		
3.		
4.		
5.		
6.