PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:             12 August 2003                  
	DOCKET NUMBER:     AR2003085437

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine 		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones		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 her 10 August 2002 separation document (DD Form 214) be corrected to show her rank and pay grade as sergeant/E-5 (SGT/E-5). 

3.  The applicant states, in effect, that items 4a (Grade, Rate, Or Rank) and 4b (Pay Grade) of her DD Form 214 are incorrect.  In support of her application, she submits a copy of her promotion order to SGT/E-5 and a copy of her DD Form 214.

4.  The applicant’s military records show that on 9 October 2001, she was ordered to active duty in support of Operation Enduring Freedom.  On 10 August 2002, she was honorably released from active duty (REFRAD), by reason of completion of required active service, after completing 10 months and 2 days of active military service.  

5.  The DD Form 214 issued to and signed by the applicant on the date of her REFRAD contains the entry “SPC” in Item 4a (Grade, Rate, Or Rank) and the entry “E4” in Item 4b (Pay Grade), which indicates she held that rank and pay grade on the date of her REFRAD.

6.  Orders Number 066-05, dated 7 March 2002, issued by Headquarters, 
327th Military Police Battalion, Arlington Heights, Illinois, authorized the applicant’s promotion to SGT/E-5 in military occupational specialty (MOS) 
95B20 (Military Police) effective on 1 March 2002.  A member of the Board staff reviewed the Total Army Personnel Data Base and verified that the applicant’s rank and date of rank are consistent with those listed in these promotion orders.  

7.  Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing DD Form 214 (Certificate of Release or Discharge from Active Duty). Table 2-1 (DD Form 214 Preparation Instructions), in effect at the time, stated that active grade or rank and pay grade at the time of separation will be entered in Items 4 a and b, and the effective date of promotion to the pay grade will be entered in Item 12h.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that items 4a (Grade, Rank or Rate) and 4b (Pay Grade) of her 10 August 2002 DD Form 214 are incorrect, and it finds this claim has merit.  

2.  The evidence of record confirms that the applicant was promoted to SGT/E-5 in MOS 95B20 on 1 March 2002, a little over two months prior to being REFRAD. Therefore, the Board concludes it would be appropriate to correct her DD Form 214 by amending the following items to read as indicated:  Item 4a (Grade, Rank or Rate) “SGT”; Item 4b (Pay Grade) “E5”; Item 11 (Primary Specialty) “95B20”; and Item 12h (Effective Date of Pay Grade) “2002/03/01.”

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 be corrected by amending the 10 August 2002 DD Form 214 of the individual concerned to read as follows:  Item 4a (Grade, Rate, or Rank) “SGT” vice the current entry of SPC; Item 4b (Pay Grade) “E5” vice the current entry of E4; Item 11 (Primary Specialty) “95B20” vice the current entry of 95B10; and Item 12h (Effective Date of Pay Grade) “2002/03/01” vice the current entry of 2001/10/09; and by providing her a corrected separation document that reflects these changes.  

BOARD VOTE:  

FCJ_  __WDP__  __TSK__        GRANT AS STATED IN RECOMMENDATION

________  ________  _______  GRANT FORMAL HEARING

________  ________  _______  DENY APPLICATION

		Ted S. Kanamine
		 CHAIRPERSON

INDEX

CASE ID	AR2003085437	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.310	 131.0000	
2.		
3.		
4.		
5.		
6.