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Decision Text

ARMY | BCMR | CY1996 | 9605595C070209
Original file (9605595C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS:  Correction of his separation document (DD Form 214) dated 26 September 1991 to reflect his pay grade as E-6.

APPLICANT STATES:  In effect, that although he was serving in the pay grade of E-5 at the time he was discharged, he previously held the pay grade of E-6 and his records should be corrected to reflect the highest grade he held.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted on 11 February 1982 and remained on active duty through continuous reenlistments.  He was promoted to the pay grade of E-6 on 19 October 1986.

Although the supporting documents are not present in the available records, his records indicate that nonjudicial punishment was imposed against him while he was stationed in Germany and that he was reduced to the pay grade of E-5 on 12 September 1990.

On 26 September 1991 he was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b, for physical disability with severance pay.  He had served 9 years, 7 months, and 16 days of total active service.

Army Regulation 635-5 establishes standardized policy for the preparation and distribution of the DD Form 214.  It states, in pertinent part, that item 4a and 4b of the DD Form 214 will contain the active duty grade of rank and pay grade at the time of separation.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant was properly separated in the rank and pay grade he held at the time of separation.  Accordingly, there is no basis to approve his request.

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		David R. Kinneer
		Executive Secretary

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