PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            2 May 2002
	DOCKET NUMBER:   AR2002067517

	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. Fred N. Eichorn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Christopher J. Prosser		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 the rank on his report of separation (DD Form 214) and discharge certificate be changed to reflect the rank of corporal (CPL) instead of specialist four (SP4).  

3.  The applicant states, in effect, that he was laterally appointed from the rank of SP4 to CPL, while stationed at Fort Carson, Colorado.  However, when he transferred to his new assignment in Hawaii, he was informed that his lateral appointment order was not present in his records and he had to serve in the rank of SP4.  He goes on to state that he was never officially laterally appointed back to the rank of SP4 and he was never in any trouble.  

4.  The applicant’s military records show that he enlisted on 19 November 1990.  He completed his training and was transferred to Germany, where he served for 1 year before being transferred to Fort Carson.  He was advanced to the rank of SP4 on 19 January 1993 and on 13 June 1994, he was laterally appointed to the rank of CPL.

5.  On 24 April 1996, a memorandum for record was prepared by the detachment sergeant of the Fort Shafter, Hawaii Transition Point, which indicates that the applicant arrived at the transition point without orders laterally appointing him to the rank of CPL.  However, his records did indicate that he was advanced to the rank of SP4.

6.  On 25 May 1996, he was honorably discharged in the rank of SP4, under the provisions of Army Regulation 635-40, paragraph 4-24b (3), for disability with severance pay.  He had served 5 years, 6 months and 7 days of total active service and was given $15,631.20 in severance pay.  His records contain no evidence of any derogatory or disciplinary action being taken against him.  His records also show that he attained promotion list standing for promotion to the rank of sergeant while he was serving in the rank of CPL.

7.  Army Regulation 635-200 provides the criteria for lateral advancement from the rank of specialist to CPL.  It provides, in pertinent part, that a specialist may be laterally appointed to the rank of CPL, provided they are assigned to a noncommissioned officer (NCO) position.  Soldiers appointed to the rank of CPL will retain the rank of CPL when reassigned from the NCO position unless action is taken by the commander to laterally appoint them back to the rank of SP4.  Normally, such action will not be taken unless it involves the imposition of disciplinary action or the individual demonstrates inefficient performance of duties or supervisory duties.

CONCLUSIONS:

1.  The applicant was laterally appointed to the rank of CPL in accordance with regulatory guidelines and there is no indication in his records to show that he was laterally appointed back to the rank of SP4.  Likewise, there is no indication that there was basis to appoint him back to the rank of SP4.  

2.  Therefore, the Board finds that the applicant was improperly discharged in the rank of SP4 and his records should be corrected to show that he was discharged in the rank of CPL.

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 individual concerned was discharged in the rank of CPL, instead of SP4, and that he be issued a discharge certificate to reflect that change.

BOARD VOTE:  

___fe ___  ___cjp __  __wtm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn _____
		        CHAIRPERSON

INDEX

CASE ID	AR2002067517	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/02	
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.