PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 March 2000                   
	DOCKET NUMBER:   AR1999033435

	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.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. John Saputo		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 his rank on his discharge orders be changed to read Specialist Five (SP5).

3.  The applicant states that he was promoted to temporary SP5, he served in that rank, and he feels it should be his permanent rank.

4.  The applicant’s military records show that he enlisted in the Regular Army on 16 March 1965.  He was promoted to the permanent rank of Specialist Four (SP4) on 21 May 1966.  He was promoted to the temporary rank of SP5 on       19 July 1967.  He was released from active duty on 15 March 1968 and transferred to the U. S. Army Reserve (USAR) Control Group (Reinforcement) to complete his reserve obligation.

5.  On 15 March 1971, the applicant was honorably discharged from the USAR Control Group (Standby) in the rank of SP4.  The special instructions noted he had been awarded membership retirement points only for the three years he was in the USAR.

6.  Army Regulation 140-158, effective 10 March 1966, provided procedures for the appointment and reduction of enlisted personnel of the Army Reserve who were not on active duty.  Paragraph 8c stated that enlisted members who served satisfactorily in the Active Army in a temporary grade higher than their permanent grade and had been released from active duty in the higher grade could, if not appointed to the permanent grade concurrently with relief from active duty, be appointed to the higher grade by the corps/area commander or the commander, U. S. Army Administration Center.  These appointments would be made without regard to position vacancies or time-in-grade requirements.

CONCLUSIONS:

1.  While the Board concludes that there is no error in this case (the regulation only stated that members could, not would, be appointed to their higher permanent grade), the Board finds that an injustice has occurred.

2.  The applicant did satisfactorily serve on active duty as a SP5 for eight months.  Since he did not actively participate in the USAR he had no opportunity to indulge in any misconduct that might have precluded his appointment to the higher grade.  Had he been mobilized, the Board concludes he had the experience of and could have performed the duties of a SP5.  It would be appropriate to show he served in and was discharged from the USAR in the rank of SP5.

3.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the applicant was appointed to the permanent rank of SP5 concurrent with his release from active duty and was discharged from the USAR on 15 March 1971 in the rank of SP5.

BOARD VOTE:  

__gdp___  __mmd___  __js____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			George D. Paxson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999033435	
SUFFIX		
RECON		
DATE BOARDED	20000301	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.