RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           4 December 2003
	DOCKET NUMBER:   AR2003091783

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Kenneth W. Lapin		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 correction of his records to show he was discharged as a corporal (CPL) instead of a specialist (SPC).  

2.  The applicant states that his rank should be CPL/pay grade E-4.

3.  The applicant provides a copy of his NGB Form 22 (Report of Separation and Record of Service), discharge orders, his Army National Guard Retirement Points History Statement, and promotion orders.

CONSIDERATION OF EVIDENCE: 

1.  The applicant enlisted in the Army National Guard on 24 April 1995 for a period of 8 years.  He completed the required training and was awarded military occupational specialty 31L (Cable Systems Installer/Maintainer).

2.  The applicant was promoted to SPC/E-4 effective on 10 August 1996.

3.  Illinois Army National Guard Orders 2-5 dated 24 March 2000 laterally appointed the applicant from SPC to CPL with an effective date of 25 March 2000 and a date of rank of 10 August 1996.

4.  The applicant's NGB Form 22 shows he was discharged from the Army National Guard on 23 April 2001 in the rank of CPL.

5.  Department of Military Affairs State of Illinois, Springfield, Illinois Orders Number 129-133 dated 9 May 2001 discharged the applicant from the Army National Guard and assigned him to the U.S. Army Reserve Control Group (Annual Training) with an effective date of 23 April 2001.  These orders show his rank as "CPL."

6.  The applicant's Army National Guard Retirement Points History Statement prepared on 31 July 2001 shows his rank as "CPL."

7.  Department of the Army, U.S. Army Reserve Personnel Command, St. Louis, Missouri Orders D-05-319160 dated 21 May 2003 discharged the applicant from the U.S. Army Reserve with an effective date of 21 May 2003.  These orders show his rank as private first class (PFC).

8.  In the processing of this case, an advisory opinion was obtained from the 88th Regional Support Team, U.S. Army Reserve Personnel Command.  This opinion states that the applicant was promoted to private/E-2 on 26 November 1995; to private first class/E-3 on 5 January 1996; and to specialist/E-4 on 10 August 1996 and noted that his discharge date was 21 May 2003.  This office opined that there was no disciplinary action in the applicant's file and there was nothing to indicate that there was a reduction in his grade or rank.  The 88th Regional Support Team recommended that the applicant's rank be reinstated to reflect SPC/E-4.

9.  A copy of the advisory opinion was provided to the applicant.  He rebutted that he was discharged as a CPL, not a SPC and his discharge date was 23 April 2003 (sic), not 21 May 2003.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was promoted to SPC on 10 August 1996 and laterally appointed to CPL with an effective date of 25 March 2000.

2.  The applicant's NGB Form 22 shows he was discharged from the Army National Guard on 23 April 2001 and was transferred to the U.S. Army Reserve in the rank of CPL.  

3.  Department of the Army, U.S. Army Reserve Personnel Command, St. Louis, Missouri Orders D-05-319160 discharged the applicant from the U.S. Army Reserve effective on 21 May 2003.  However, these orders erroneously show his rank as PFC.

4.  There is no evidence of record which shows the applicant was reduced from CPL to PFC prior to his discharge from the U.S. Army Reserve.  There is no evidence to show he was laterally appointed back to SPC.  The advisory opinion fails to note his lateral appointment to CPL.

5.  It would be appropriate to amend his orders to show his rank as CPL.

6.  In his rebuttal to the advisory opinion, the applicant confuses his 23 April 2001 discharge date from the Army National Guard with his 23 May 2003 discharge date from the U.S. Army Reserve.

BOARD VOTE:

WTM_____  ALR_____  KWL_____  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Department of the Army, U.S. Army Reserve Personnel Command, St. Louis, Missouri Orders D-05-319160 dated 21 May 2003 to show his rank as "CPL."

		Walter T. Morrison____
		        CHAIRPERSON

INDEX

CASE ID	AR2003091783	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031204 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.