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ARMY | BCMR | CY2001 | 2001065640C070421
Original file (2001065640C070421.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 February 2002
         DOCKET NUMBER: AR2001065640


         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. George D. Paxson Chairperson
Mr. Thomas A. Pagan Member
Mr. Melvin H. Meyer 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 his military records be corrected to show the rank and pay grade of captain/0-3 (CPT/0-3).

3. The applicant states, in effect, that item 4a (Grade, Rate or Rank) and item
4b (Pay Grade) of his Certificate Of Release Or Discharge From Active Duty
(DD Form 214) are incorrect. In support of his application, he submits a copy of his promotion order to CPT and a copy of his DD Form 214, dated 31 May 2000.

4. The applicant’s military records show that he was commissioned a second lieutenant on 26 May 1996. On 31 May 2000, he was honorably released from active duty (REFRAD) after completing 4 years and 5 days of active military service.

5. The DD Form 214 issued to and signed by the applicant on the date of his separation shows that at the time of his separation he held the rank of first lieutenant and he was serving in primary specialty 31A (Military Police). This document also confirms that during his active duty tenure he earned the following awards: Meritorious Service Medal; Army Commendation Medal; Army Achievement Medal (3rd Award); Armed Forces Reserve Medal; Army Service Ribbon; Overseas Service Ribbon; and Air Assault Badge.

6. Promotion Order 102-100, issued by the Total Army Personnel Command, dated 11 April 2000, promoted the applicant to captain with an effective date of
1 May 2000.

7. 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). Table 2-1 ( DD Form 214 Preparation Instructions), in effect at the time, stated that active grade or rank and pay grade at the time of separation will be entered in item 4 (a and b) and the effective date of promotion to pay grade in item 12h.

CONCLUSIONS:

1. The Board notes the applicant’s contention that items 4a (Grade, Rank or Rate) and 4b (Pay Grade) of his DD Form 214 is incorrect and it finds this claim has merit.

2. The evidence of record confirms that the applicant was promoted to CPT/0-3 on 1 May 2000, just prior to his REFRAD. Therefore, the Board concludes it would be appropriate to correct his DD Form 214 as follows: Item 4a (Grade, Rank or Rate) to read “CPT”; Item 4b (Pay Grade) to read “03”; and Item 12h (Effective Date of Pay Grade) to read “2000/05/01.”

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 the DD Form 214, dated 31 May 2000, of the individual concerned as follows: Item 4a (Grade, Rate, or Rank) to read “CPT”; Item 4b (Pay Grade) to read “03”; and Item 12h (Effective date of Pay Grade) to read “2000/05/01.”

BOARD VOTE:

__GDP__ __TAP__ __MHM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___George D. Paxson___
                  CHAIRPERSON




INDEX

CASE ID AR2001065640
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/02/21
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 129.0000
2.
3.
4.
5.
6.



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