| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | ||
| Mr. Stanley Kelley | Member | ||
| Ms. Karen A. Heinz | Member |
APPLICANT REQUESTS: In effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his final rank as corporal (CPL/E-4).
APPLICANT STATES: In effect, that his DD Form 214 should show his final rank as CPL/E-4. He also states that his Honorable Discharge Certificate shows his rank as private first class (PFC). In support of his application, he submits a copy of his DD Form 214, a copy of his Honorable Discharge Certificate, and a copy of his DA Form 4187 (Personnel Action).
EVIDENCE OF RECORD: The applicant's military records are unavailable for review by this Board. However, his DD Form 214 shows that he enlisted on 24 August 1990, as a fighting vehicle infantryman. He continued to serve until he was released from active duty under the provisions of Army Regulation 635-200, chapter 11-3a, for entry level status and conduct on 15 February 1991. He was transferred to the US Army Reserve (USAR) Control Group (Reinforcement).
Item 4a (Grade, Rate or Rank) shows the entry “PV1” and item 4b (Pay Grade) shows the entry “E1” on his DD Form 214.
The applicant provided a copy of a DA Form 4187, dated 18 November 1994,
which shows that he was advanced to CPL with a date of rank (DOR) and effective date of 18 November 1994, while serving in the USAR.
The applicant provided a copy of his Honorable Discharge Certificate, dated 10 October 2000, from the USAR which shows his rank as “PFC”.
Army Regulation 635-5 provides instructions for the preparation of the DD Form 214. It states, in pertinent part, that item 4a (Grade, Rate or Rank) and 4b (Pay Grade) will be completed to show the active duty grade or 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 Board notes that the applicant was separated in the rank and pay grade
of PV1/E-1 on 15 February 1991, at the time of his separation. The Board also notes that the applicant has failed to show through the evidence submitted with his application or the evidence of record, that he was advanced to corporal prior to his separation from active duty.
2. The evidence of record clearly shows that the applicant was promoted to
CPL with a DOR and effective date of 18 November 1994, while serving in the USAR. The evidence of record also shows his rank as “PFC” on his Honorable Discharge Certificate from the USAR. Therefore, there is no basis to change item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) of his DD Form 214.
3. 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.
4. 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
___sk__ ___iw__ ___kh___ DENY APPLICATION
| CASE ID | AR2001059936 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011115 |
| TYPE OF DISCHARGE | UNCHAR |
| DATE OF DISCHARGE | 19910215 |
| DISCHARGE AUTHORITY | AR2001059936 |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 803 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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