PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 May 2002      
	DOCKET NUMBER:   AR2002069710

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Paula Mokulis		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, correction of his DD Form 214 (Report of Transfer or Discharge) to show his rank as specialist four (SP4)/E-4 instead of private first class (PFC)/E-3 and that his first name be corrected to show “Nick” instead of “Nicholas”.

3.  The applicant states that he has provided documents which prove that he was a specialist four at the time of his discharge.  In support of his application, he submits discharge orders, dated 26 February 1970, from the U.S. Army Reserve (USAR); a copy of his DD Form 214; a copy of his Honorable Discharge Certificate, dated 28 February 1970; and a copy of his Birth Certificate.  

4.  The applicant’s military records show that he was inducted on 18 March 1964. He served as an infantry indirect fire crewman in Germany and was honorably released from active duty and transferred to the USAR Control Group (Annual Training) on 7 March 1966.  On 28 February 1970, the applicant was honorably discharged from the USAR Control Group (Standby).   

5.  Item 3a (Grade, Rate or Rank) on the applicant’s DD Form 214, shows the entry “PFC E3 (P) [permanent]”.  The applicant’s first name is shown as “Nicholas” on his DD Form 214.  

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was promoted to SP4/E-4 (T) [temporary] on 22 January 1966.
 
7.  The applicant’s DD Form 47 (Record of Induction), dated 13 December 1963, and his service personnel records show his first name as “Nicholas”.  However, the applicant provided a copy of his Birth Certificate, which was filed on 
5 November 1943 in Haywood County, North Carolina, which shows his first name as “Nick”.

8.  Army Regulation 635-5 provides instructions for the preparation of the DD Form 214.  It states, in pertinent part, that item 3a (Grade, Rate or Rank) will be completed to show the active duty grade or rank and pay grade at the time of separation.

CONCLUSIONS:

1.  The applicant’s DA Form 20 shows that he was promoted to SP4/E-4 (T) prior to his release from active duty.  Therefore, it would be appropriate to correct item 
3a (Grade, Rate or Rank) on the applicant’s DD Form 214 to show his rank and pay grade as SP4/E-4 (T). 

2.  The applicant’s Birth Certificate shows his first name as “Nick”.  Therefore, it would be appropriate to correct the applicant’s military records to show his first name as “Nick”.
3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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

	a.  by deleting the entry, “PFC E3 (P)” in item 3a (Grade, Rate or Rank) on the DD Form 214 of the individual concerned;

	b.  by adding the entry, “SP4/E-4 (T)” in item 3a on the DD Form 214; 
	
	c.  by deleting the entry, “NICHOLAS” in item 1 (Last Name - First Name - Middle Name) on the DD Form 214; and  

	d.  by adding the entry, “NICK” in item 1 on his DD Form 214. 

2.  That the Army Review Boards Agency, Support Division in St. Louis, Missouri, issue a Transcript of Military Record (DA Form 1569-E) showing the applicant’s birth first name as well as the first name he served under in the Army.
	
BOARD VOTE:  

FNE____  RWA___  PM______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002069710	
SUFFIX		
RECON		
DATE BOARDED	20020516	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	102.0200	
2.	100.0100	
3.		
4.		
5.		
6.