PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 September 2001
         DOCKET NUMBER: AR2001060753


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. JoAnn Langston		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Karen A. Heinz		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.

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2. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as specialist (SPC) in item 4a (Grade, Rate, or Rank), to show his pay grade as E-4 in item 4b (Pay Grade), and to show all of the awards to which he is entitled, specifically the Army Superior Unit Award, in item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). In addition, he requests correction of item 25 (Separation Authority) to show he was discharged under the provisions of “paragraph 5-18” instead of “paragraph 5-13”.

3. The applicant states, in effect, that his DD Form 214 should be corrected to show his rank as SPC and his pay grade as E-4. He also states that there is no mention of the Army Superior Unit Award or any other unit awards in item 13 of his DD Form 214. He further states that the separation authority in item 25 should be “paragraph 5-18” instead of “paragraph 5-13”. In support of his application, he submits a copy of his DD Form 214, a memorandum from the Madigan Army Medical Center, his Report of Mental Status Evaluation, his DD Form 2586 (Verification of Military Experience and Training), his Enlisted Record Brief, his Chapter 5 discharge proceedings, a DA Form 4187 (Personnel Action), a memorandum awarding units the Army Superior Unit Award, two award certificates for the Army Superior Unit Award, two Certificates of Achievement, a Certificate of Appreciation, and a Certificate of Completion of the Jungle Warfare Course.

4. The applicant’s military records show that he enlisted in the Regular Army on 14 August 1996 for a period of four years. He successfully completed training as a personnel administrative specialist and was honorably discharged from active duty on 4 October 1999.

5. The applicant’s personnel records contain a Personnel Action, dated 7 May 1998, which promoted him to the rank of SPC/pay grade E-4 with an effective date of 1 May 1998. His military pay records for the period 1-31 October 1999, show that he was reduced to the rank of PFC/pay grade E-3, effective 21 July 1999.

6. The applicant’s DD Form 214, which is authenticated in his own hand, shows he was discharged in the rank of PFC/pay grade E-3. This discharge document also shows the effective date of rank to PFC/pay grade E-3 was 21 July 1999.

7. The applicant’s DD Form 214 does not show the Army Superior Unit Award as an authorized award. His Enlisted Record Brief shows he was assigned to the 1st Battalion, 5th Infantry Regiment during the period 9 January 1997 to 21 July 1999.

8. The applicant provided a copy of a U.S. Total Army Personnel Command memorandum, dated 3 October 1997, which authorized award of the Army Superior Unit Award to the 1st Brigade Combat Team (Provisional), 4th Infantry Division and assigned units, for the period 16 February 1996 to 10 April 1997. This memorandum shows that the applicant’s unit, 1st Battalion, 5th Infantry Regiment, was cited for award of the Army Superior Unit Award.

9. The DD Form 214 issued to the applicant on 4 October 1999 shows in
item 25 (Separation Authority) that he was discharged under the provisions of Army Regulation 635-200, paragraph 5-13.

10. On 9 May 2001, the applicant applied to the Army Discharge Review Board (ADRB) to change the reason and separation authority of his discharge to Army Regulation 635-200, paragraph 5-18. On 3 August 2001, the ADRB changed the applicant’s narrative reason and separation authority to Secretarial Authority under the provisions of Army Regulation 635-200, Chapter 5.

11. 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.

12. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that the regulatory authority authorizing the separation will be entered in item number 25 of the DD Form 214.

13. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Superior Unit Award was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime. Circumstances may be deemed to be extraordinary when they do not represent the typical day-to-day circumstances under which the unit normally performs, or may reasonably be expected to perform, its peacetime mission.

CONCLUSIONS:

1. Evidence of record shows the applicant was reduced to the rank of PFC/pay grade E-3 prior to his discharge from active duty. There is no evidence available to the Board which shows he was promoted to the rank of SPC/pay grade E-4 after he was reduced to PFC/E-3. Therefore, the applicant’s DD Form 214 is correct as currently constituted and there is no basis for correcting his records to show his rank as SPC/pay grade E-4.

2. Evidence provided by the applicant shows he was assigned to the 1st Battalion, 5th Infantry Regiment during the period this unit was cited for award of the Army Superior Unit Award. Therefore, the applicant is entitled to the Army Superior Unit Award and his DD Form 214 will be amended to show this unit award.

3. The applicant applied to the ADRB on 9 May 2001 to change the separation authority to Army Regulation 635-200, paragraph 5-18. On 3 August 2001, the ADRB changed the narrative reason and separation authority to “Secretarial Authority” under the provisions of “Army Regulation 635-200, Chapter 5”. As a result, the applicant will be issued a new DD Form 214 to show the narrative reason as “Secretarial Authority” under the provisions of “Army Regulation 635-200, Chapter 5”. Therefore, there is no basis for this Board to grant the applicant’s request.

4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Army Superior Unit Award.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

JL_____ MHM_____ KAH____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  JoAnn Langston________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001060753
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20010918
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19991004
DISCHARGE AUTHORITY	AR635-200, chapter 5
DISCHARGE REASON	Secretarial Authority
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1.	144.0000
2.
3.
4.
5.
6.