PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:  6 July 2000
	DOCKET NUMBER:  AR1999032212

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Ernest M. Willcher		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 that her grade at separation be changed to E-4.

3.  The applicant states that all of her separation documents showed that she was an E-4 including the DD Form 214 (Report of Transfer or Discharge) that she signed.  In a follow-up telephone conversation she related that her Armed Forces Identification Card was issued in grade E-1 and she received another copy of her DD Form 214, which she did not sign, that showed her grade as E-1. It is also possible that she received her separation pay in grade E-1.

4.  The applicant’s military records show that she was serving on active duty in grade E-4 when, on 1 September 1998, she concurred with the findings and recommendation of a Physical Evaluation Board (PEB).  The PEB recommended that she be separated with severance pay in the grade of E-4 as a result of a physical disability with a 20 percent rating.

5.  The applicant provided a copy of a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ).  The form is incomplete because the continuation sheet was not provided.  The garrison commander and the applicant signed this DA Form 2627 concerning the offense charged block and the punishment imposed blocks on 22 September 1998.  However, the punishment imposed block is blank except for the filing instructions.  The applicant initialed that she would appeal the punishment but there are no entries in the appeal consideration blocks.

6.  Also provided by the applicant is a copy of her appeal and an endorsement by her defense counsel, both dated 24 September 1998.  Both of these documents request that the reduction in grade from E-4 to E-1 be suspended because of the severe financial hardship it would impose on her disability pay, and the fact that she had four young children.  There is no copy of the DA Form 2627 nor a copy of her appeal on her microfiche records made available to the Board.  Additionally, there are no orders in the available records that reduce the applicant to grade E-1.

7.  A 29 September 1998 message from the Physical Disability Branch to the installation transition point corrects her grade from E-3 to E-4 for the purpose of separation.  The 30 September 1998 order that separated the applicant shows that she was separated and authorized severance pay in grade E-4.

8.  Effective 2 October 1998, the applicant was separated by reason of physical disability with entitlement to severance pay.  The applicant provides copy 1 and 4 of her DD Form 214 that contain her signature.  These copies show her grade as E-4 and the amount of disability severance pay is blank.

9.  The DD Form 214 that is in her official records shows that she was not available to sign and lists her grade as E-1.  The amount of her disability severance pay is shown as $1,052.20 computed at the grade E-1 level.
CONCLUSIONS:

1.  The available evidence of record shows that the applicant is entitled to have her grade at separation changed to E-4 and that she is entitled to disability severance pay computed at the grade of E-4.

2.  There is insufficient evidence of record to show that the punishment imposed under Article 15, UCMJ included reduction to grade E-1.  All available documentation related to her separation processing shows that her grade is E-4.

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 for the individual concerned be corrected by:

	a.  correcting her DD Form 214 to show that she was separated in grade E-4 and entitled to disability severance pay in grade E-4; and

	b.  that she be paid the difference between the disability severance pay that she received and the amount entitled to in grade E-4.

BOARD VOTE:  

__cf___  __ji____  ___ew___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____ Calvin M. Fowler ____
		        CHAIRPERSON

INDEX

CASE ID	AR1999032212	
SUFFIX		
RECON		
DATE BOARDED	20000706	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	133.03	
2.	128.08	
3.		
4.		
5.		
6.