PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            31 July 2003
	DOCKET NUMBER:   AR2003085415

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Gail J. Wire		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Robert Duecaster		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 Certificate of Release or Discharge (DD Form 214) be corrected to show that he was released from active duty in the rank and pay grade of staff sergeant (SSG) (E-6) instead of sergeant (SGT) (E-5).

3.  The applicant states in effect, that his DD Form 214 should show that he was released from active in the rank of SSG and the pay grade of E-6.

4.  The applicant’s military records show that on 5 September 1990, he enlisted in the Regular Army for 2 years and 14 weeks and he was assigned to Fort Benning, Georgia, for basic combat training.  

5.  He was discharged on 9 October 1990, under the provisions of Army Regulation 635-200, chapter 5-11, based on his failure to meet procurement medical fitness standards.  He completed only 1 month and 5 days of total active service and the character of his service was uncharacterized.  

6.  The applicant reentered the Regular Army for 3 years, in the pay grade of E-1 on 1 October 1993.  He was promoted to the pay grade of E-2 on 1 April 1994, to pay grade E-3 on 26 May 1994, and to pay E-4 on 1 June 1995.  He was honorably discharged on 30 September 1996, at the completion of his required active service.  He immediately enlisted in the Illinois Army National Guard (ILARNG) for 4 years and 25 days in the pay grade of E-4.  On 4 December 1999, he was promoted to the pay grade of E-5.  

7.  On 15 September 2000, the applicant enlisted in the Army Reserve for 6 years in the pay grade of E-5.  He was ordered to active duty in support of Operation Enduring Freedom 9 October 2001.  

8.  On 7 March 2002, while he was still deployed in support of Operation Enduring Freedom, orders were published promoting the applicant to the rank of SSG (E-6) effective 1 March 2002.  The orders indicated that the promotion would not be valid and would be revoked if he were not in a promotable status on the effective date of the promotion.

9.  He was honorably released from active duty on 10 August 2002, upon completion of his required service in the rank of SSG (E-6).  However, the DD Form 214 that he was furnished at the time of his release from active duty shows his rank and pay grade as SGT (E-5) with an effective date of pay grade of 4 December 1999. 

CONCLUSIONS:

1.  An error was made during the preparation of the applicant’s DD Form 214, which resulted in the incorrect rank, date of rank and pay grade being reflected.

2.  The evidence of record clearly shows that he was in a promotable status on 7 March 2002, when the orders were published promoting him to the rank and pay grade of SSG (E-6) effective date of 1 May 2002.

3.  He was promoted to the rank and pay grade of SSG (E-6) while he was on active duty in support of Operation Enduring Freedom.  Therefore, the DD Form 214 that was prepared to release him from active duty should be corrected to reflect his proper rank, date of rank and pay grade.

4.  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 DD Form 214 of the individual concerned to show that he was released from active duty in the rank and pay grade of SSG (E-6), with an effective date of pay grade of 1 March 2002.

BOARD VOTE:  

___gw___  __rd ____  ___kh___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Gail J. Wire  ______
		        CHAIRPERSON

INDEX

CASE ID	AR2003085415	
SUFFIX		
RECON		
DATE BOARDED	2003/07/31	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.  302	129.0000	
3.  307	129.0500	
4.		
5.		
6.