PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:             17 September 2002                 
	DOCKET NUMBER:    AR2002073757

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr. 		Chairperson	
	Mr. Thomas B. Redfern, III		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 that his records be corrected to show that he was separated in pay grade E-4, that he contributed to the GI Bill and that he received the Air Assault Badge (AAB).

3.  The applicant states that he has provided no evidence in support of his request; however, he provided a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 10 July 1999, a copy of his DA Form 2-1 (Personnel Qualification Record) last reviewed on 23 January 1997, DD Form 4/1 (Enlistment/Reenlistment Document), a DD Form 1556 (Request, Authorization, Agreement, Certification of Training and Reimbursement), dated 16 June 1992 for a 2 hour course in the safe use of hazardous materials in the work place, a copy of Permanent Orders (PO) 121-50, 25th Infantry Division (ID), dated 30 April 1996 announcing award of the Good Conduct Medal (GCMDL) for the period      5 November 1992 to 4 November 1995, a copy of PO 296-1606, dated              23 October 1998, 4th  Personnel Services Battalion announcing award of the GCMDL (second award) for the period 5 November 1995 to 4 November 1998 and PO A282-60, 25th ID, dated 10 October 1995 announcing award of the AAB effective 15 September 1995.

4.  The applicant’s military records show that he enlisted in the Army Reserve Delayed Enlistment Program on 28 September 1992 and in the Regular Army on 5 November 1992 for the New GI Bill and the Army College Fund.  He was advanced to pay grade E-4 effective 5 February 1995.

5.  On 11 July 1996, the applicant reenlisted for 3 years with a reenlistment bonus and his station of choice (Fort Carson, Colorado).

6.  PO A282-60 announced award of the AAB to the applicant effective              15 September 1995.

7.  PO 121-50 announced award of the GCMDL for the period 5 November 1992 to 4 November 1995.

8.  PO 296-1606, dated 23 October 1998, announced award of the GCMDL (second award) for the period 5 November 1995 to 4 November 1998

9.  On 20 May 1999, the applicant was reduced to pay grade E-1 for reasons not shown in the available records.

10.  The applicant authenticated a Declination of Continued Service Statement upon receipt of assignment instructions to Germany per Centralized Assignment Program Cycle G1, dated 7 July 1998.  In order to proceed on the assignment, he was required to have a minimum of 24 months remaining to the expiration of his term of service as of 30 March 1999.

11.  PO 167-0003, Headquarters, Fort Carson, dated 16 June 1999 directed his separation and shows his pay grade as E-1. 

12.  On 10 July 1999, he was honorably separated from active duty in pay grade E-1, based on the expiration of his term of service.  He was credited with 6 years, 8 months and 6 days.

13.  Chapter 30, Title 38 of the US Code established eligibility requirements for participation in the Veterans’ Educational Assistance Act of 1984 (New GI Bill).  It provided that individuals who entered an initial period of active duty on or after    1 July 1985 would be automatically enrolled in the program unless they opted to disenroll within a specific time frame established by the individual services.  Once enrolled in the New GI Bill the individual’s basic pay was reduced $100.00 per month for each of the firs full 12 months of active duty and could not be refunded, suspended or stopped.

14.  Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation governing this Board, shows that it is the applicant’s burden of showing error or injustice.

CONCLUSIONS:

1.  The evidence of record clearly shows his entitlement to award of the AAB as announced in PO A282-60.

2.  At the time of his enlistment, enrollment in the Veterans Educational Assistance Act of 1984 (New GI Bill) was automatic unless the individual opted to disenroll within a specific time frame.  His military records show he opted for the New GI Bill and the Army College Fund.  There is no indication that the applicant disenrolled from the program; however, there is no entry authorized on the DD Form 214 for this item.  The Department of Veterans Affairs administers the New GI Bill.

3.  The records show the applicant was reduced to pay grade E-1 effective        20 May 1999 and separated in that grade.  He has not shown his grade at separation on 10 July 1999 as an error or injustice.

4.  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 by showing the individual concerned was awarded the AAB and the GCMDL, second award, for the period 5 November 1995 to 4 November 1998.

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

BOARD VOTE:  

_EJA___  _KAH___  _TBR___   GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			Elzey J. Arledge, Jr. 
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002073757	
SUFFIX		
RECON		
DATE BOARDED	20020917	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100	
2.		
3.		
4.		
5.		
6.