PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            6 March 2003
	DOCKET NUMBER:   AR2002079761

	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. Walter T. Morrison		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Frank C. Jones, II		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 Item 4b (Pay Grade) of his separation document (DD Form 214), dated 30 June 1997, be corrected to read 0-3E, and that he be provided all back pay and allowances due as a result.

3.  The applicant states, in effect, that Item 4b (Pay Grade) of his separation document is incorrect.  He states that his pay grade should read 0-3E based upon his prior enlisted service.  In support of his application, he submits copies of two DD Forms 214, dated 31 July 1989 and 17 April 1986 respectively, which document his prior enlisted active service. 

4.  The applicant’s military records show that on 30 June 1997, he was honorably released form active duty (REFRAD) for the purpose of retirement after completing 20 years and 24 days of active military service. 

5.  Item 4a (Grade, Rate, Or Rank) and Item 4b (Pay Grade) of the applicant’s separation document (DD Form 214), dated 30 June 1997, confirms that at that time he held the rank and pay grade of captain (CPT/0-3).  

6.  The DD Form 214 issued to the applicant on 17 April 1988 confirms that he entered active duty on 7 June 1977, and he continuously served in that status for 8 years, 10 months, and 11 days until being honorably separated, in the rank and pay grade of staff sergeant/E-6 (SSG/E-6), in order to accept a commission 

7.  In connection with the processing of this case, a member of the Board staff contacted Defense Finance Accounting Service (DFAS) officials, who confirmed that the applicant was receiving retired pay based on a pay grade of 0-3. 

8.  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), and Table 2-1 contains DD Form 214 preparation instructions.  It states, in effect, that the active grade or rank and pay grade at the time of separation will be entered in Item 4 (a and b) of the DD Form 214.  

9.  Department of Defense Financial Regulation provides, in pertinent part, that effective May 20, 1958, commissioned officers in pay grades 0-1, 0-2, 0-3, who are credited with over 4 years of prior active service as an enlisted member are entitled to the special pay grade of 0-1E, 0-2E, or 0-3E.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that that Item 4b (Pay Grade) of his DD Form 214, dated 30 June 1997, should read 0-3E, and it finds this claim has merit.

2.  The evidence of record confirms that the applicant served on active duty in an enlisted status for 8 years, 10 months, and 11 days.  Therefore, the Board concludes that he is entitled to have the entry in Item 4b (Pay Grade) of his separation document, dated 30 June 1997, corrected to read 0-3E.

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 Item 4b (Pay Grade) of the DD Form 214 issued to the individual concerned on 30 June 1997, be corrected to show his pay grade as 0-3E, and by providing him any back pay allowances dues as a result.

BOARD VOTE:  

__WTM__  __LDS _  __ FCJ__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_  Walter T. Morrison  ._
		       CHAIRPERSON

INDEX

CASE ID	AR2002079761	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/03/06	
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.		
2.		
3.		
4.		
5.		
6.		

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