MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:.

	BOARD DATE:  30 September 1999                            
	DOCKET NUMBER:   AR1999015051

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Lester Echols		Member	
	Mr. James Steuve		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS: That his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 April 1993 be corrected to show that he was separated in the grade of captain (CPT) (O-3).

APPLICANT STATES: That he was discharged in the rank of staff sergeant (SSG) (E-6) and placed on the retired list in the rank of CPT (O-3).  The Department of Veterans Affairs (VA) has listed him as a SSG.  He provides copies of military documents in support of his request, which will be included in his Official Military Personnel File. 

EVIDENCE OF RECORD: The applicant's military records show:

During the period 29 June 1976 to 1 September 1987, after serving for 3 years,  2 months and 3 days in an enlisted capacity, the applicant served on active duty as a Reserve officer.  He was honorably separated as a CPT, based on his failure to be selected for the next higher rank.

During the period 2 September 1987 to 30 April 1993, he served on active duty in an enlisted capacity.  He was honorably separated in the rank of SSG, based on the attainment of sufficient length of service to qualify for retirement.  His retirement orders show his retired grade as CPT.

On 20 April 1999, the Chief, Veterans Support Branch, Army Reserve Personnel Center opined that the applicant was properly separated and placed in the Retired Reserve.

On 26 July 1999, he was provided a copy of that opinion for his acknowledgement/rebuttal.  He elected not to respond.

Army Regulation 635-5 (Personnel Separation Documents) indicates, in pertinent part, that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It requires that an individual’s current rank be shown.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s rank at the time of his final separation from active duty was SSG, not CPT.  His rank of SSG is properly shown on his DD Form 214 issued on 30 April 1993.  The rank of CPT is properly sown as his retired rank.  There is no error or injustice in the separation and retirement of the applicant.  He has not shown otherwise.

2.  The applicant may contact his nearest Department of Veterans Affairs office for information and assistance concerning his veteran’s benefits.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________ GRANT

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015051	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	30 Sep 99	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(, DENY)	
REVIEW AUTHORITY		
ISSUES         1.110	DD Form 214	
2.		
3.		
4.		
5.		
6.