PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           01 AUGUST 2002                   
	DOCKET NUMBER:   AR2002071474

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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 separation document be corrected to reflect that he was separated in pay grade E-5.  He also requests any back pay and allowances.  In support of his request he submits a copy of his promotion orders, and a March 1968 letter, which forwarded him the promotion order.

3.  Records available to the Board indicate the applicant entered active duty on 16 March 1966 and was assigned to Vietnam in February 1967.  In July 1967 the applicant was promoted to pay grade E-4.  The applicant departed Vietnam on 
8 February 1968 enroute to the United States for separation processing.  He was released from active duty, two days later, on 10 February 1968.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) indicates he was released from active duty in pay grade E-4.  The document reflects his July 1967, E-4 date of rank.

4.  On 20 March 1968, more than one month after the applicant was released from active duty, a letter was forwarded to the applicant informing him that he had been promoted to pay grade E-5.  The letter noted that "due to the tactical situation the last several weeks, we have been receiving our correspondence…late."  Included with the correspondence was a copy of the applicant's promotion orders to pay grade E-5.  A copy of those orders was also contained in files available to the Board.

5.  The applicant was promoted to pay grade E-5 effective 8 February 1968, two days prior to his release from active duty.  The orders, however, were not issued until 20 February 1968, ten days after his separation.

CONCLUSIONS:

1.  The evidence clearly indicates that the applicant was promoted to pay grade E-5 with an effective date of 8 February 1968, two days prior to his separation from active duty.  As such, the Board concludes it would be appropriate, and in the interest of justice, to correct his records accordingly.

2.  In the event he is entitled to any back pay and allowance, officials at the Defense Finance and Accounting Service (DFAS) will make that determination and inform the applicant accordingly.

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 be corrected:

a.  by showing that the individual concerned was promoted to pay grade E-5 effective 8 February 1968; and

b.  that entitlement to any back pay and allowances, which may result from this correction, be determined by DFAS.

BOARD VOTE:  

__SAC__  __MHM__  __RKS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__ Samuel A. Crumpler___
		        CHAIRPERSON

INDEX

CASE ID	AR2002071474	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020801	
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.	110.00	
2.		
3.		
4.		
5.		
6.