RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           19 February 2004                   
	DOCKET NUMBER:   AR2003091012

	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. Klaus P. Schumann		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Robert L. 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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, correction of her separation document 
(DD Form 214) to show her pay grade as E-2 at the time of her separation.  

2.  The applicant states, in effect, that she was promoted to private/E-2 (PV2) prior to her separation from the Army, but that her records were not updated.

3.  The applicant provides, in support of her application, a copy of her DD Form 214, a Personnel Action (DA Form 4187) request, and a memorandum from her commander, dated 4 August 1998, which indicates that she should have been promoted to PV2.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error which occurred on 21 October 1998.  The application submitted in this case is dated 13 May 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show that she entered active duty on 22 July 1997, for training in military occupational specialty (MOS) 91B (Medical Specialist).  While assigned to advanced individual training (AIT), the applicant was injured during physical training.  Subsequently, she was honorably separated from the Army for disability on 21 October 1998.

4.  The applicant's military records contain a properly authenticated DA Form 4187, which advanced her in grade to PV2, effective 1 March 1998.  A memorandum, dated 4 August 1998, signed by her unit commander further confirms that she should have been advanced to the grade of PV2 prior to her separation from the Army.

5.  The applicant’s military records contain a properly authenticated Personnel Action Request (DA Form 4187), which advanced the applicant to PV2, effective 1 March 1998.  A memorandum, dated 4 August 1998, signed by her unit commander further confirms that she should have been advanced to the grade of PV2 prior to her separation from the Army.  

6.  The applicant's military records contain a Headquarters, U. S. Army Medical Department Center & School and Fort Sam Houston Orders Number 267-0108, dated 24 September 1998, which amended her separation orders (Headquarters, U. S. Army Medical Department Center & School and Fort Sam Houston Orders 261-0105, dated 18 September 1998) to correct her grade from private/E-1 to PV2.  

7.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides, in pertinent part, for the advancement of soldiers.  Specifically, the regulation states that a private (E-1) may be advanced to private (E-2) upon completion of six months of time in service (TIS) which can be waived to four months of TIS.  The regulation requires that a DA Form 4187 (Personnel Action) must be submitted by the unit commander on each soldier who is eligible for advancement to private (E-2).  The regulation states that promotion to E-2 is not automatic and may not be authorized in advance.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was advanced to the rank and pay grade of private/E-2, effective 1 March 1998, by the appropriate authority prior to her separation.  

2.  Therefore, lacking evidence which would make her ineligible for promotion, it is determined that the pay grade listed on her DD Form 214 was entered in error and as a result, it would be appropriate to correct this document at this time. 

BOARD VOTE:

__RJW__  ___MM __  ___RLD _GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the following items of her 21 October 1998 DD Form 214:  

a.  Item 4a (Grade, Rate, or Rank) to read "PV2" vice PV1 as is currently listed; 

b.  Item 4b (Pay Grade) to read “E-2” vice E-1 as is currently listed; 

c.  Item 12h (Effective Date of Pay Grade) to read “1998 03 01” vice 
1998 01 22 as is currently listed; 

2.  That the individual concerned be provided all back pay and allowances due as a result of the above corrections; and that she be provided a corrected separation document that includes these changes.

		Raymond J. Wagner
		   CHAIRPERSON

INDEX

CASE ID	AR2003091012	
SUFFIX		
RECON		
DATE BOARDED	2004/02/19	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1998/10/21	
DISCHARGE AUTHORITY	AR635-40-	
DISCHARGE REASON	Disability Severance Pay	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.