PROCEEDINGS

	IN THE CASE OF:    				 

	BOARD DATE:           11 February 2003                  
	DOCKET NUMBER:   AR2002072860

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Regan K. Smith 		Member	
	Mr. Antonio Uribe		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 (Report of Transfer or Discharge) and separation orders be corrected to show his rank as specialist four (SP4), pay grade E-4.

3.  The applicant states that he noticed the error when he was being discharged on 23 December 1971, but they told him that he would have to wait until after the first of the year to get it changed.  It did not seem to matter then, but as he has gotten older it seems to take on more importance.  He provides copies of his 15 January 1971 advancement order to SP4: this document confirms the 14 January 1971 verbal order of the commanding officer.  He also provides a 10 August 1971 disposition form asking that his medical fitness for duty in Vietnam be evaluated, permanent change of station (PCS) orders to the Overseas Replacement Station, Fort Lewis, Washington, his 16 December 1971 Installation Clearance Record and a Leave and Earnings Statement for the period ending 31 August 1971.  All show his rank as SP4 and/or his pay grade as E-4.  His DD Form 214 and separation orders show him as a private first class (E-3.)

4.  The applicant’s military records show that he was inducted on 7 May 1970.  He completed training as a heavy vehicle crewman and served at Fort Meade, Maryland.  He was released from active duty and transferred to the Army Reserve Control Group (Annual Training) on 23 December 1971 for the convenience of the government. 

5.  In addition to the documents he submitted that show his rank as SP4 his records contain several others including; a 10 March 1971 Certificate of Achievement, a 22 July 1971 physical profile and 1 November 1971 orders that revoked his transfer to the Fort Lewis Overseas Replacement Station; show him as a SP4. 

6.	His DA Form 20 (Enlisted Qualification Record) does not show his advancement to SP4, but it does show that his conduct and efficiency ratings throughout his active military service were exclusively excellent.  There is no indication in any of his records of any discreditable information.

7.  The Defense and Accounting Service provided a copy of the applicant’s Leave and earnings statement for the period 1-31 December showing his pay grade as E-4.

CONCLUSIONS:

1.  The applicant was advanced to SP4 by verbal order of his commanding office on 14 January 1971 and there is no evidence of either a reduction in rank or any other discreditable information.  

2.  The predominance of the evidence indicates that his rank upon separation was SP4 (E-4) and his DD Form 214 and separation order should be corrected accordingly.

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that, upon separation from active duty, the individual concerned was serving in the rank of SP4, pay grade E-4 and that his date of rank was 14 January 1971.

BOARD VOTE:  

__SAC__  __RKS___  __AU__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Samuel A. Crumpler___
		        				       CHAIRPERSON

INDEX

CASE ID	AR2002072860	
SUFFIX		
RECON		
DATE BOARDED	20030211	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.