PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           25 APRIL 2002
	DOCKET NUMBER:   AR2002068606

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Geoge D. Paxson		Member	
	Mr. Charles Gainor		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that he was separated in pay grade E-5 vice E-4.  In support of his request he submits a copy of his promotion orders.

3.  Records available to the Board indicate the applicant entered active duty on 
3 March 1969 and was promoted to pay grade E-4 on 12 November 1969.  On 
22 July 1970, while assigned to a signal battalion in Korea, the applicant was promoted to the rank of sergeant, pay grade E-5.  The effective date of his promotion was 13 July 1970.  Documents authenticated by the applicant, and various members of his chain command, subsequent to his promotion, including a property inventory, separation physical examination, installation clearance record, and the orders releasing him from active duty, all reflect his rank as sergeant.  His 6 October 1970 DD Form 214 (items 5a, 5b, and 6), however, reflects his grade as SP4, E-4, with the 12 November 1969 date of rank.

CONCLUSIONS:

1.  The evidence confirms that applicant was promoted to sergeant/E-5 effective 13 July 1970 and there is no indication he was reduced in grade prior to his 
6 October 1970 separation date.  Various documents in his file confirm that he did serve in pay grade E-5 prior to his separation and as such is entitled to have his separation document corrected accordingly.

2.  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 on the applicant's 1970 DD Form 214 that he was separated in the grade of sergeant/E-5 with a date of rank of 13 July 1970.

BOARD VOTE:  

__JL____  __GDP__  __CG ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Joann Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2002068606	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020425	
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.	110.00	
2.		
3.		
4.		
5.		
6.