PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  25 April 2002
	DOCKET NUMBER:  AR2001066141

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Charles Gainor		Member	
	Mr. George D. Paxson		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, correction of item 4a (Grade/Rate/ or Rank) and item 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

3.  The applicant states that his DD Form 214 shows his rank and pay grade as “PV1/E-1” and that he entered the Army and continued to serve as an “E-2” until his discharge.  In support of his application, he submits a copy of his DD Form 214, several leave and earning statements (LES), and several documents from his military personnel file.

4.  The applicant’s military records show that he enlisted in the USAR on 16 June 1995, in the pay grade of PV2/E-2.  He enlisted in the Regular Army on 26 June 1995. 

5.  The applicant’s DD Form 1996/1 (Record of Military Processing – Armed Forces of the United States) shows that he enlisted in the pay grade of “E-2” on 16 June 1995.

6.  The applicant provided several copies of documents from his personnel file which show his rank and pay grade as “PV2/E-2.”  The applicant also provided copies of several LES’s which show his pay grade as “E-2” and which shows that he was separated in the pay grade of E-2 on his final LES.

7.  He continued to serve until he was discharged under honorable conditions on 13 February 1997, under the provisions of Army Regulation 635-200, paragraph 
5-8, due to parenthood.  

8.  Item 4a (Grade, Rate, or Rank) shows the entry “PV1” and item 4b (Pay Grade) of his DD Form 214 shows the entry “E1.”

9.  There is no evidence of derogatory information in the applicant’s records.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant enlisted in the rank and pay grade of “PV2/E-2” on 16 June 1995, and was separated as an E-2.  Therefore, it is logical to presume that the rank and pay grade on the applicant’s DD Form 214 was the result of an administrative error.  The Board notes that the applicant’s records did not contain any derogatory information.  Therefore, he is entitled to correction of item 4a (Grade, Rate, or Rank) to show the entry “PV2” and correction of item 4b (Pay Grade) of his DD Form 214 to show the entry
“E2.”

2.  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:

a.  by showing in item 4a (Grade, Rate, or Rank) the entry “PV2”; and

b.  by showing in item 4b (Pay Grade) the entry “E2.”

BOARD VOTE:  

___jl__  __cg___  __gp____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Joann Langston___
		        CHAIRPERSON

INDEX

CASE ID	AR2006066141	
SUFFIX		
RECON		
DATE BOARDED	20020425	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19970213	
DISCHARGE AUTHORITY	AR635-200 Paragraph 5-8	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  302		
2.		
3.		
4.		
5.		
6.