PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            28 March 2002                  
	DOCKET NUMBER:   AR2001064588

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		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 he be issued a new Honorable Discharge Certificate (DD Form 256A) that shows his correct rank of sergeant
(SGT).

3.  The applicant states, in effect, that at the expiration of his service in the United States Army Reserve (USAR) his rank was SGT, but his discharge certificate shows his rank as specialist (SPC).  In support of his application, he provides a copy of his military identification card, and a Serviceman’s Group Life Insurance Election and Certificate (SGLV-8286).  

4.  The applicant’s military records show that enlisted in the USAR on 10 January 1991, and that he served until 12 January 1999, at which time he was honorably discharged at the expiration of his term of service. 

5.  The applicant’s Personnel Qualification Record (DA Form 2-1) confirms in Item 18 (Appointments and Reductions), that the applicant was promoted to the rank and pay grade of SGT/E-5 on 1 January 1996.  Item 18 contains no indication that subsequent to his being promoted to SGT/E-5, he was ever reduced in rank prior to his discharge. 

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of Orders Number 347-005, dated 13 December 1995, issued by Headquarters, 96th Regional Support Command, Salt Lake City, Utah, which authorized the applicant’s promotion from specialist/E-4 (SPC/E-4) to SGT/E-5, effective 
1 January 1996.  There are no other documents or orders on file in the MPRJ that give any indication that the applicant was reduced from this rank and pay grade subsequent to this promotion.  

7.  On 12 January 1999, Orders Number D-01-901885, was issued by the United States Army Reserve Personnel Command, St. Louis, Missouri, which authorized the applicant’s honorable discharge, effective 12 January 1999.  This order listed the applicant’s rank as SPC and the Honorable Discharge Certificate issued to the applicant, dated 12 January 1999, also listed his rank as SPC.  

CONCLUSIONS:

1.  The Board finds that the applicant’s contention that the rank listed in the Honorable Discharge Certificate that was issued to him on 12 January 1999 was incorrect, and it finds this claim has merit.  

2.  Lacking any evidence of record showing that the applicant was reduced in rank subsequent to his 1996 promotion to SGT/E-5, the Board concludes the rank listed in the applicant’s discharge order and in his Honorable Discharge Certificate, effective 12 January 1999, was incorrect and it finds it would appropriate to correct this error at this time.  

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 be corrected by showing that the applicant held the rank and pay grade of SGT/E-5 on 
12 January 1999, the date of his discharge from the USAR; by amending his discharge orders by changing the rank listed from SPC to SGT; and by issuing him a corrected Honorable Discharge Certificate that lists his rank as “SGT”.  

BOARD VOTE:  

__FNE__  ___LE___  ___TL___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn___
		        CHAIRPERSON

INDEX

CASE ID	AR2001064588	
SUFFIX		
RECON		
DATE BOARDED	2002/03/28	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1999/01/12	
DISCHARGE AUTHORITY	AR 135-178	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT)	
REVIEW AUTHORITY		
ISSUES         1.  803	144.9213	
2.		
3.		
4.		
5.		
6.