RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            18 March 2004                   
	DOCKET NUMBER:    AR2003091792

	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. Jessie B. Strickland		Analyst	
  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Robert J. Osborn		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 that his discharge from the United States Army Reserve (USAR) be corrected to reflect that he was discharged in the pay grade of E-5.

2.  The applicant states that he was honorably discharged from the Ohio Army National Guard (OHARNG) in the pay grade of E-5 on 29 March 1996; however, on 31 December 1996 he was discharged from the USAR in the pay grade of    E-2.

3.  The applicant provides copies of his separation documents and his promotion orders.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 31 December 1996.  The application submitted in this case is dated 9 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 served in the OHARNG for 7 years, 3 months and 2 days before being honorably discharged in the pay grade of E-5 on 29 March 1996.  He was transferred to the USAR Control Group (Reinforcement) to complete his statutory service obligation.

4.  On 31 December 1996, the applicant was honorably discharged from the USAR in the pay grade of E-2.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was serving in the pay grade of E-5 at the time he was discharged from the OHARNG and was transferred to the USAR.

2.  It is apparent that an administrative error resulted in the applicant being honorably discharged from the USAR in the pay grade of E-2 instead of the pay grade of E-5.

3.  Accordingly, it would be in the interest of justice to correct his records to show that he was honorably discharged from the USAR on 31 December 1996, in the pay grade of E-5.

4.  Likewise, it would also be appropriate to provide him with an Honorable Discharge Certificate indicating his discharge in the pay grade of E-5, to replace the Honorable Discharge Certificate now held by him indicating he was discharged in the pay grade of E-2.

BOARD VOTE:

_LDS__  __RJO___  ___RA__    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 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 showing that he was honorably discharged in the pay grade of E-5 on 31 December 1996 and that he be provided an Honorable Discharge Certificate indicating his discharge in the pay grade of E-5, to replace the Honorable Discharge Certificate now held by him that indicates he was discharged in the pay grade of E-2. 

		Roger W. Able
	                                              CHAIRPERSON

INDEX

CASE ID	AR2003091792	
SUFFIX		
RECON		
DATE BOARDED	2004/03/18	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.110.0000	189/CORRECT DISCHARGE GRD	
2.		
3.		
4.		
5.		
6.