PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 February 2002
	DOCKET NUMBER:   AR2001065640

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Melvin H. Meyer		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 his military records be corrected to show the rank and pay grade of captain/0-3 (CPT/0-3). 

3.  The applicant states, in effect, that item 4a (Grade, Rate or Rank) and item 
4b (Pay Grade) of his Certificate Of Release Or Discharge From Active Duty 
(DD Form 214) are incorrect.  In support of his application, he submits a copy of his promotion order to CPT and a copy of his DD Form 214, dated 31 May 2000.

4.  The applicant’s military records show that he was commissioned a second lieutenant on 26 May 1996.  On 31 May 2000, he was honorably released from active duty (REFRAD) after completing 4 years and 5 days of active military service. 

5.  The DD Form 214 issued to and signed by the applicant on the date of his separation shows that at the time of his separation he held the rank of first lieutenant and he was serving in primary specialty 31A (Military Police).  This document also confirms that during his active duty tenure he earned the following awards:  Meritorious Service Medal; Army Commendation Medal; Army Achievement Medal (3rd Award); Armed Forces Reserve Medal; Army Service Ribbon; Overseas Service Ribbon; and Air Assault Badge.  

6.  Promotion Order 102-100, issued by the Total Army Personnel Command, dated 11 April 2000, promoted the applicant to captain with an effective date of 
1 May 2000.

7.  Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing DD Form 214 (Certificate of Release or Discharge from Active Duty). Table 2-1 ( DD Form 214 Preparation Instructions), in effect at the time, stated that active grade or rank and pay grade at the time of separation will be entered in item 4 (a and b) and the effective date of promotion to pay grade in item 12h.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that items 4a (Grade, Rank or Rate) and 4b (Pay Grade) of his DD Form 214 is incorrect and it finds this claim has merit.  

2.  The evidence of record confirms that the applicant was promoted to CPT/0-3 on 1 May 2000, just prior to his REFRAD. Therefore, the Board concludes it would be appropriate to correct his DD Form 214 as follows:  Item 4a (Grade, Rank or Rate) to read “CPT”; Item 4b (Pay Grade) to read “03”; and Item 12h (Effective Date of Pay Grade) to read “2000/05/01.”

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, particularly the DD Form 214, dated 31 May 2000, of the individual concerned as follows:  Item 4a (Grade, Rate, or Rank) to read “CPT”;  Item 4b (Pay Grade) to read “03”; and Item 12h (Effective date of Pay Grade) to read “2000/05/01.”

BOARD VOTE:  

__GDP__  __TAP__  __MHM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___George D. Paxson___
		        CHAIRPERSON

INDEX

CASE ID	AR2001065640	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/02/21	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	129.0000	
2.		
3.		
4.		
5.		
6.