PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 January 2002
	DOCKET NUMBER:   AR2001061573

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Roger 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, in effect, that his separation document (DD Form 214) be changed to show his correct date of rank (DOR) to the pay grade of E-9.

3.  The applicant states, in effect, that item 12h (Effective Date of Rank) of his  DD Form 214 should read “19931101” as opposed to “19960408” as it currently reads.  In support of his application, he submits a copy of his promotion order to the rank and pay grade of sergeant major/E-9.  

4.  The applicant’s military records show that on 30 June 2001, the applicant was honorably released from active duty (REFRAD), for the purpose of retirement, after completing 30 years and 14 days of active military service. 

5.  The DD Form 214 issued to the applicant on the date of his separation shows the rank of command sergeant major/E-9 (CSM/E-9).  It also shows that during his active duty tenure he earned the following awards:  Legion of Merit; Meritorious Service Medal (4th Award); Good Conduct Medal 
(10th Award); National Defense Service Medal (2nd Award); Armed Forces Expeditionary Medal; Army Commendation Medal (3rd Award); Army Achievement Medal (2nd Award); Humanitarian Service Medal; Armed Forces Service Medal; Southwest Asia Service Medal with 2 bronze service stars; Kuwait Liberation Medal; and North Atlantic Treaty Organization Medal.

6.  There is a copy of Promotion Orders149-3, issued by the Total Army Personnel Command (PERSCOM), dated 29 September 1993, on file that confirms the applicant was initially promoted to the pay grade of E-9 on 
1 November 1993, when he was promoted to SGM/E-9.  He was subsequently appointed to CSM on 8 April 1996; however, his E-9 DOR remained 1 November 1993. 

7.  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 (Certificate of Release or Discharge from Active Duty).  Paragraph 2-4, states in effect, that the effective date of promotion to the current pay grade will be entered in item 12h (Effective Date of Rank) of the DD Form 214.

CONCLUSIONS:

1.  By regulation, the effective date of promotion to the current pay grade will be entered in item 12h (Effective Date of Rank) of the DD Form 214.  The evidence of record confirms that the applicant was initially promoted to the pay grade of 
E-9, effective 1 November 1993.  

2.  The applicant was subsequently appointed to CSM on 8 April 1996; however, this appointment to a different rank title within the same pay grade should not have impacted his initial promotion effective date.  Therefore, the Board concludes it would be appropriate to correct his separation document to reflect his correct effective date of promotion to the grade of E-9, which is 
1 November 1993. 

3.  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, particularly the DD Form 214 of the individual concerned be corrected to show, in item
12h (Effective Date of Rank), the entry “19931101”.

BOARD VOTE:  

___LLS__  __RA____  __TLP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Luther L. Santiful_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001061573	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/01/08	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.