PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 July 2002
	DOCKET NUMBER:   AR2002070358

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Kenneth W. Lapin		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 Item 12h (Effective Date of Promotion) of his separation document (DD Form 214) be corrected to show the correct date he was promoted to the rank and pay grade of master sergeant/E-8 (MSG/E-8).  

3.  The applicant states, in effect, that the date currently entered in Item 12h (Effective Date of Pay Grade) of his DD Form 214 is incorrect, and should be corrected to read 1 July 1997.  In support of his application, he submits a copy of his MSG/E-8 promotion order and his DD Form 214.

4.  The applicant’s military records show that on 31 January 2002, he was honorably released from active duty (REFRAD) for the purpose of retirement.  At that time, he had completed a total of 28 years, 11 months, and 9 days of active military service. 

5.  Promotion Order Number 162-7, dated 11 June 1997, issued by the Total Army Personnel Command (PERSCOM), confirms that the applicant was promoted to the rank and pay grade of MSG/E-8 with an effective date of 1 July 1997, and that this is the highest rank and pay grade he attained while serving on active duty.

6.  The separation document (DD Form 214) issued to and signed by the applicant on the date of his separation confirms that he held the rank and pay grade of MSG/E-8.  Item 12h (Effective Date of Pay Grade) contains the entry “2000 06 16”, which indicates that he was promoted to MSG/E-8 on that date.  

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 the DD Form 214.  Paragraph 2-4, states in effect, that the effective date of the promotion to the current pay grade will be entered in item 12h.

CONCLUSIONS:

1.  The Boards notes the contention of the applicant that the entry recorded in Item 12h (Effective Date of Pay Grade) of his DD Form 214 is incorrect, and it finds this claim has merit.  By regulation, the effective date of promotion to the current pay grade will be entered in Item 12h of the separation document.

2.  Promotion Order Number 162-7, dated 11 June 1997, issued by the Total Army Personnel Command (PERSCOM), confirms that the applicant was promoted to the rank and pay grade of MSG/E-8 on 1 July 1997.  Therefore, the Board concludes it would be appropriate to correct Item 12h (Effective Date of Pay Grade) of the applicant’s DD Form 214, dated 31 July 2002, to read “1997 07 01” 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 amending the entry contained in Item 12h (Effective Date of Pay Grade) of the 31 January 2002 DD Form 214 of the individual concerned to read “1997 07 01”, in lieu of the current entry; and by providing him a corrected separation document that reflects this change. 

BOARD VOTE:  

__RVO__  __RTD__  __KWL__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

					        ___Raymond V. O’Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2002070358	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/25	
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.	131.0400	
2.		
3.		
4.		
5.		
6.