PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 January 2002
	DOCKET NUMBER:   AR2001060492

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Terry L. Placek		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 report of separation (DD Form 214) dated 14 August 2001 be corrected to reflect his correct rank, all of his prior active service credit and all of his decorations and awards.

3.  The applicant states, in effect, that his DD Form 214 incorrectly reflects his rank as E-2 instead of E-3, that it does not include his prior active service of 4 months and 28 days, when he attended advanced individual training (AIT) and that it does not include his decorations and awards.  In support of his application he submits a copy of his leave and earnings statement (LES) for June 2001, a report of separation from the National Guard (NGB Form 22) and copies of his DD Form 214 dated 14 April 1995 and 14 August 2001.

4.  The applicant’s military records, though very limited in scope, show that he enlisted in the Illinois Army National Guard (ILARNG) on 12 February 1990.  He remained in the ILARNG until he was discharged under honorable conditions on 21 July 1992 for unsatisfactory participation and was transferred to the United States Army Reserve (USAR) Control Group (Annual Training). 

5.  On 10 February 1994, he enlisted in the Regular Army in the pay grade of E-3 and served until he was honorably discharged by reason of disability with severance pay on 14 April 1995.  His DD Form 214 shows that he had 4 months and 28 days of prior active service and 1 year, 2 months and 5 days of active service during his current enlistment.  It also shows that he was awarded the Army Lapel Button, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with rifle bar, Aircraft Crewman Badge and the Air Assault Badge.

6.  On 24 October 2000, the applicant again enlisted in the Regular Army with a medical waiver.  He enlisted in the pay grade of E-2 and was transferred to Fort Jackson, South Carolina.  He was promoted to the pay grade of E-3 on 26 May 2001 and remained there until he was again honorably discharged by reason of physical disability with severance pay on 14 August 2001.  His DD Form 214 shows his date of rank as an E-2 as 24 October 2000, the date he enlisted.  In block 12d, under Record of Service, it shows he had 1 year, 2 months and 5 days of prior active service and lists no awards or decorations.

CONCLUSIONS:

1.  The applicant was enlisted in the pay grade of E-2 on 24 October 2000 and was promoted to the pay grade of E-3 on 26 May 2001.  However, an administrative error resulted in his records not being properly annotated to reflect the promotion at the time of separation.  Accordingly, it would be in the interest of justice to correct his records at this time to reflect his promotion and date of rank at this time and to adjust his entitlement to severance pay if appropriate. 
2.  The applicant’s DD Form 214 dated 14 April 1995, clearly shows that the applicant had 4 months and 28 days of prior active service that was not included on his DD Form 214 dated 14 August 2001.  Accordingly, it would be in the interest of justice to correct the error at this time.

3.  Additionally, the DD Form 214 dated 14 April 1995 listed the awards and decorations that the applicant had been awarded and those decorations were also not included on his DD Form 214 dated 14 August 2001.  Therefore, it should be done at this time. 

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

RECOMMENDATION:  That all of the Department of the Army records related to this case be corrected:

a.  by showing that the individual concerned was promoted to the pay        grade of E-3 on 26 May 2001.

b.  by adding the additional 4 months and 28 days of prior active service to the DD Form 214 dated 14 August 2001, and: 

c.  by adding the Army Lapel Button, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Aircraft Crewman Badge, and Air Assault Badge to his DD Form 214 dated 14 August 2001.

BOARD VOTE:  

___tlp___  ___ls ___  ___ra ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Luther L. Santiful____
		        CHAIRPERSON

INDEX

CASE ID	AR2001060492	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/01/08	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/corr 214	
2.		
3.		
4.		
5.		
6.