APPLICANT REQUESTS: In effect, correction of his military records to show that he was promoted to pay grade E-5 prior to his discharge from active duty.
APPLICANT STATES: On 26 July 1992, while still in Germany, he was promoted to pay grade E-5 by his commander. His date of rank was designated as 1 August 1992. While outprocessing at Fort Jackson, South Carolina, he was told by counselors that, in order to have his new rank listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty), he would have to wait until the date of rank. Although he waited until that date, 1 August 1992, he was then informed that he would have to officially request that the appropriate changes be noted in the personnel service record in order to receive a corrected DD Form 214.
EVIDENCE OF RECORD: The applicant's military records show:
On 6 July 1984, the applicant enlisted in the Regular Army for 3 years. He remained on active duty through subsequent reenlistments and an extension until his discharge on 27 July 1992. (Note: The extension document, dated 22 May 1989, indicated that his new expiration of term of service was 1 August 1992.) His military occupational specialty was 88M20 (Motor Transport Operator).
Orders 105-47, dated 14 April 1992, issued by the 187th Personnel Service Company (PSC), APO Army Europe, indicates that the applicant would be reassigned to the U.S. Army Transition Point, Fort Jackson, for transition processing, and that his date of release from active duty unless changed or rescinded was 31 July 1992.
Orders 260-18, dated 24 July 1992, issued by the 187th PSC, APO Army Europe, indicates that the applicant would be promoted to the rank of sergeant effective 1 August 1992, with a date of rank of 1 August 1992. The authority for the promotion was paragraph 3-34, Army Regulation 600-8-19 and U.S. Total Army Personnel Command Letter, dated 15 June 1992, Subject: Department of the Army (DA) Promotion Cutoff Scores for August 1992.
A lst Endorsement, dated 27 July 1992, from the U.S. Army Transition Point, Fort Jackson, to the applicant advised him that the effective date of his discharge was 27 July 1992; that he was enlisted in the U.S. Army Reserve (USAR) immediately after being discharged from active duty and was initially assigned to the U.S. Army Reserve Personnel Center (ARPERCEN) Control Group (Reinforcement); that he was approved for a special separation benefit (SSB) payment; and that he was authorized SSB, in pay grade E-4, for 8 years and 22 days of active Federal service.
The applicants DD Form 214, which he signed, indicates that he was honorably discharged on 27 July 1992, in pay grade
E-4, at Fort Jackson under Army Regulation 635-200, paragraph 16-8 (discharge with SSB). He received a SSB payment of $17,513.20. He had completed 8 years and 22 days active military service.
The DD Form 4/1E (Enlistment/Reenlistment Document Armed Forces of the United States), which the applicant signed on 27 July 1992, indicates that he enlisted in the USAR on 28 July 1992, in pay grade E-5, for 3 years.
Army Regulation 600-8-19, at paragraph 3-34, provides the rules for processing monthly Headquarters (HQ), DA, promotion point cutoff scores. It states, in pertinent part, that soldiers will be eligible for promotion on the first day of the third month following the selection month. All pay, allowances, and entitlements start on the effective date of the promotion.
Army Regulation 635-200, at paragraph 16-8, provides for the early separation of soldiers due to reduction in force, strength limitations, or budgetary constraints.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, and applicable law and regulations, it is concluded:
1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. Although the applicant states, in effect, that he waited at Fort Jackson until his date of rank of 1 August 1992, he has submitted no evidence to support this statement or that he was extended or that he performed duties in the rank of sergeant prior to his discharge from active duty.
3. The evidence of record indicates that the applicant only was eligible for promotion to pay grade E-5 effective 1 August 1992 since he only met or exceeded the HQDA Promotion Cutoff Scores for August 1992.
4. Since the applicant was discharged from active duty prior to 1 August 1992, the effective date for his promotion to pay grade E-5, he was properly discharged in pay grade
E-4. Therefore, his DD Form 214 properly shows his pay grade as E-4.
5. It appears that the applicant was enlisted in the USAR on 28 July 1992 in the incorrect pay grade of E-5 since he was discharged from the Regular Army in pay grade E-4 on 27 July 1992. Therefore, the Commander, ARPERCEN, will be requested to review the applicants military records and take administrative action, if appropriate, regarding the applicants enlistment pay grade in the USAR on 28 July 1992.
6. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: The Commander, ARPERCEN, will be requested to review the applicants military records and take administrative action, if appropriate, regarding his enlistment pay grade in the USAR on 28 July 1992.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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