PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            26 August 2003
	DOCKET NUMBER:   AR2003085440

	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. Maria C. Sanchez		Analyst	

The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Robert Duecaster		Member	
	Ms. Marla J. Troup		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 to correct his DD Form 214 to reflect he was discharged in the rank of sergeant (E-5).

3.  The applicant states, in effect, that his rank of sergeant should be reflected on his DD Form 214.

4.  The applicant’s military records show that he served on active duty in the Regular Army for 2 years, 6 months and 18 days from 21 November 1996 until 8 June 1999.  At that time, he was honorably separated and transferred to the United States Army Reserve (USAR) to complete his military service obligation.

5.  The separation document (DD Form 214) issued to the applicant upon his release from active duty (REFRAD) confirms that he held the rank and pay grade of specialist four/E-4 (SP4) with a MOS (63B10) on the date of his separation. 

6.  On 9 October 2001, the applicant was ordered to active duty in support of Operation Enduring Freedom.

7.  On 18 March 2002, Orders Number 077-1, published by HQ, 16th Psychological Operations Battalion, promoted the applicant to the rank of sergeant (E-5) effective 1 March 2002.  

8.  On 10 August 2002, the applicant was released from active duty and transferred to a USAR unit.  His DD Form 214 shows his rank of E-4 with an effective date of rank of 9 October 2001.  His promotion orders show a promotion to the rank of E-5 with an effective date of 1 March 2002.

CONCLUSIONS:

1.  The applicant has provided sufficient evidence to show that he was in fact promoted to the rank of E-5 effective 1 March 2002 and he was incorrectly discharged in the rank of E-4.  Accordingly, it would be in the interest of justice to correct that administrative error at this time.

2.  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 showing that the individual concerned held the rank 

and pay grade of E-5 at the time he was released from active duty and transferred to the USAR on 10 August 2002.  

BOARD VOTE:

___rjw __  __mt____  __rjw ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner____
		        CHAIRPERSON

INDEX

CASE ID	AR2003085440	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/08/26	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.  301	129.0000	
3.		
4.		
5.		
6.