PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           28 February 2002
	DOCKET NUMBER:   AR2001063762

	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. Lisa O. Guion		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. T. Meixell		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, in effect, that blocks 4a (Grade, Rate or Rank) and 
4b (Pay Grade) of his separation document (DD Form 214) be corrected to show his rank and pay grade as Sergeant/E-5 (SGT/E-5).  He also requests that block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show he was awarded the Army Commendation Medal (ARCOM).

3.  The applicant states, in effect, that while serving in the United States Army Reserve (USAR) he was promoted to the rank and pay grade of sergeant/E-5 (SGT/E-5) and he was awarded the ARCOM that should be added to his DD Form 214. 

4.  The applicant’s military records show that he entered the Regular Army on 
4 June 1984, and that he served on active duty for 2 years and 10 months until being honorably separated on 3 April 1987.  It also confirms that he was promoted to the rank of specialist four/E-4 (SP4/E-4) on 1 August 1986, and that this was the highest rank he attained while serving on active duty.  

5.  The DD Form 214 issued to the applicant on the date of his separation confirms that he held the rank of SP4/E-4 on the date of his release from active duty (REFRAD) and that he had enlisted in and was transferred to a Troop Program Unit (TPU) of the United States Army Reserve (USAR) upon his separation from active duty.  This document also shows that during his active duty tenure, he earned the Army Service Ribbon, Overseas Service Ribbon, Army Lapel Button, and the Army Good Conduct Medal.  The ARCOM is not included in the list of authorized awards contained in this document.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of Permanent Orders (PO) Number (#) 56-98, dated 26 March 1987, issued by the 5th Personnel Service Company, Fort Polk, Louisiana.  This document awarded the applicant the Army Achievement Medal for his meritorious service from 
21 May 1986 to 20 March 1987.  

7.  The applicant’s MPRJ also contains orders confirming that subsequent to his REFRAD, while serving in a TPU of the USAR, he was promoted to SGT/E-5 on 1 August 1989.  Also that he was awarded the ARCOM on 9 March 1989, for meritorious service from 1 September 1988 through 9 March 1989.

8.  Army Regulation 635-5 (Separation Documents) provides policy and procedures pertaining to the preparation of the DD Form 214 and guidance on data entries and filing of separation documents.  It states, in effect, that the DD Form 214 will accurately reflect information specifically pertaining to the period of active duty covered by the document.  

9.  The item by item instructions contained in the regulation indicate that the entries in block 4a and block 4b of the DD Form 214 should contain the active duty grade or rank and pay grade the member holds at the time of separation.  The instructions for block 13 state that a list of all awards and decorations earned by the member during all periods of active duty service completed prior to the 
DD Form 214 effective date should be entered.  

CONCLUSIONS:

1.  The Board notes that the applicant’s contention that his promotion to SGT/E-5 and the ARCOM he was awarded subsequent to his REFRAD should be added to his DD Form 214.  However, it finds this claim lacks merit. 

2.  By regulation, the rank and pay grade entered on the DD Form 214 will be that held on the date of separation from active service, as confirmed by the service record.  In addition, the list of awards contained in the separation document will include all awards earned during periods of active duty service completed prior to the effective date of the separation document.  

3.  The record shows that the applicant held the rank and pay grade of SP4/E-4 on the date of his separation.  Given this, the Board concludes that he was separated in the proper rank and pay grade and that his separation document accurately reflects his rank and pay grade for that period of active duty.  

4.  The Board also notes that the applicant was awarded the ARCOM on
9 March 1989, subsequent to his REFRAD on 3 April 1987.  Therefore, the Board concludes it would not be appropriate to add this award to the DD Form 214 issued to the applicant prior to his earning the award.  

5.  However, during its review of this case, the Board did note that while still serving on active duty, the applicant was awarded the Army Achievement Medal, for meritorious service from 21 May 1986 to 20 March 1987, and that this award was omitted from the list of authorized awards contained in his DD Form 214.  Thus, the Board concludes that it would be appropriate to add this award to his record at this time.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Army Achievement Medal, for meritorious service from 21 May 1986 to 20 March 1987; and by issuing him a corrected separation document that reflects this change.  

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__RVO__   _ _CAL__  __JTM     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  __Raymond V. O'Connor, Jr.__
		             CHAIRPERSON

INDEX

CASE ID	AR2001063762	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/02/28	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	PARTIAL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.0000	
2.		
3.		
4.		
5.		
6.