PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 September 2002  
	DOCKET NUMBER:   AR2002072411

	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. Elzey J. Arledge		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Ms. Karen A. Heinz		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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank as specialist four/pay grade E-4 instead of private first class/pay grade E-3.  He also requests that his discharge document be corrected to show any awards and decorations to which he may be entitled.   

3.  The applicant states that he was separated from the Army on temporary records and that his original 201 file was in Germany.  He contends, in effect, that his rank should be specialist four/pay grade E-4 instead of private first class/pay grade E-3 and that he is entitled to additional awards and decorations.  
4.  The applicant’s military records show that he entered active duty on 
12 October 1995.  He served as an air defense weapon (avenger) crewmember and was honorably discharged on 3 November 2001 by reason of disability with severance pay.

5.  Item 4a (Grade, Rate, or Rank) on the applicant’s DD Form 214 shows the entry, “PFC.”  Item 4b (Pay Grade) on his DD Form 214 shows the entry, “E3.”    Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the Army Service Ribbon as an authorized award.

6.  Section I (Service Data) on the applicant’s Enlisted Record Brief, dated 
25 September 2001, shows he was promoted to private first class/pay grade 
E-3 on 23 October 1998.  This record shows that the applicant was promoted to specialist four/pay grade E-4 on 15 April 1999.  His Enlisted Record Brief also shows that he was reduced to private first class/pay grade E-3 on 22 October 1999.  

7.  There is no evidence in the available records of any misconduct or the reason for the applicant’s reduction from specialist four/pay grade E-4 to private first class/pay grade E-3 on 22 October 1999.

8.  There is no evidence in the available records which shows the applicant was promoted to specialist four/pay grade E-4 after 22 October 1999 or prior to his separation on 3 November 2001. 

9.  Section E (Awards and Decorations) on the applicant’s Enlisted Record Brief does not show entitlement to any awards or decorations.

10.  The Board notes that the applicant is eligible for the National Defense Service Medal for his honorable active service from 12 October 1995 through 
3 November 2001.  This award is not shown on his discharge document.    

11.  Review of the available records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards or decorations.

12.  Army Regulation 635-5 provides instructions for the preparation of the DD Form 214.  It states, in pertinent part, that item 4a (Grade, Rate or Rank) and 
4b (Pay Grade) will be completed to show the active duty grade or rank and pay grade at the time of separation.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

CONCLUSIONS:

1.  The Board considered the applicant’s contention that his DD Form 214 should be corrected to show his rank as specialist four/pay grade E-4 instead of private first class/pay grade E-3.  However, the applicant’s Enlisted Record Brief, dated 25 September 2001, shows he was reduced from specialist four/pay grade E-4 to private first class/pay grade E-3 on 22 October 1999.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was promoted to specialist four/pay grade E-4 after 22 October 1999 or prior to his separation on 3 November 2001.  Therefore, the Board determined that there is no basis for changing items 
4a (Grade, Rate, or Rand) or 4b (Pay Grade) on the applicant’s DD Form 214.   

3.  The applicant is entitled to award of the National Defense Service Medal for his honorable active service from 12 October 1995 through 3 November 2001.  Therefore, his DD Form 214 should be corrected to show this medal. 

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the National Defense Service Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

EJA____  TBR____  KAH_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Elzey J. Arledge______
		        CHAIRPERSON

INDEX

CASE ID	AR2002072411	
SUFFIX		
RECON		
DATE BOARDED	20020917	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	102.0200	
2.	107.0069	
3.		
4.		
5.		
6.