PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  1 August 2002
	DOCKET NUMBER:  AR2002072422

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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 item 12h (Effective Date of Pay Grade) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the entry “1998 04 01” instead of the entry “1999 11 15.”

3.  The applicant states that her record is incorrect due to her DA Form 4187 (Personnel Action) promoting her to the pay grade of E-4, effective 1 April 1998.  Her current DD Form 214 shows her effective date of pay grade as 15 November 1999, the date she was laterally appointed to corporal (CPL/E-4), which was the same pay grade that was awarded on 1 April 1998.  Her lateral appointment from SPC to CPL has been misinterpreted as advancement in grade.  In support of her application, she submits a copy of her DD Form 214, two DA Forms 4187, and two Certificates of Promotion.

4.  The applicant’s military records show she enlisted on 12 June 1996, as a patriot missile crewmember.  

5.  She was promoted to SPC/E-4 with a date of rank (DOR) and effective date of 
1 April 1998.

6.  She was laterally appointed to CPL/E-4 with a DOR and effective date of
15 November 1999.

7.  She was honorably released from active duty on 11 August 2000, and was transferred to the USAR.

8.  Item 12h of the applicant’s DD Form 214 shows her DOR as “1999 11 15.”

9.  Army Regulation 600-200 prescribes policy and procedures pertaining to the career management of Army enlisted personnel.  Section X, paragraph 2-43 states that specialist may be laterally appointed to corporal with local selection board action.  Soldiers appointed to corporal will retain the rank when reassigned
from the NCO position.  The regulation does not require change of DOR’s.

10.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It states, in pertinent part, that item 12h (Effective Date of Pay Grade) will be completed to show the effective date of promotion to the current pay grade from the most recent promotion order or reduction instrument.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was promoted to SPC/E-4 with a DOR and effective date of 1 April 1998, and was laterally appointed to CPL with a DOR and effective date of 15 November 1999.  

2.  The applicant’s DOR was erroneously changed to show 15 November 1999, based on her lateral appointment to CPL.   Her DOR was not required to be changed at that time.  Therefore, her DOR should have remained as 1 April 1998, and her DD Form 214 should be corrected to show in item 12h of her DD Form 214 the entry “1998 04 01.”

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 for the individual concerned be corrected by showing in item 12h of her DD Form 214 the entry “1998 04 01.”

BOARD VOTE:  

___sc__  ___mm___  ___rs___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler
		        CHAIRPERSON

INDEX

CASE ID	AR2002072422	
SUFFIX		
RECON		
DATE BOARDED	20020801	
TYPE OF DISCHARGE	20000811	
DATE OF DISCHARGE	20000811	
DISCHARGE AUTHORITY	AR  635-200 c, 4	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  21		
2.		
3.		
4.		
5.		
6.