| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Christopher J. Prosser | Member |
2. The applicant requests that the rank on his report of separation (DD Form 214) and discharge certificate be changed to reflect the rank of corporal (CPL) instead of specialist four (SP4).
3. The applicant states, in effect, that he was laterally appointed from the rank of SP4 to CPL, while stationed at Fort Carson, Colorado. However, when he transferred to his new assignment in Hawaii, he was informed that his lateral appointment order was not present in his records and he had to serve in the rank of SP4. He goes on to state that he was never officially laterally appointed back to the rank of SP4 and he was never in any trouble.
4. The applicant’s military records show that he enlisted on 19 November 1990. He completed his training and was transferred to Germany, where he served for 1 year before being transferred to Fort Carson. He was advanced to the rank of SP4 on 19 January 1993 and on 13 June 1994, he was laterally appointed to the rank of CPL.
5. On 24 April 1996, a memorandum for record was prepared by the detachment sergeant of the Fort Shafter, Hawaii Transition Point, which indicates that the applicant arrived at the transition point without orders laterally appointing him to the rank of CPL. However, his records did indicate that he was advanced to the rank of SP4.
6. On 25 May 1996, he was honorably discharged in the rank of SP4, under the provisions of Army Regulation 635-40, paragraph 4-24b (3), for disability with severance pay. He had served 5 years, 6 months and 7 days of total active service and was given $15,631.20 in severance pay. His records contain no evidence of any derogatory or disciplinary action being taken against him. His records also show that he attained promotion list standing for promotion to the rank of sergeant while he was serving in the rank of CPL.
7. Army Regulation 635-200 provides the criteria for lateral advancement from the rank of specialist to CPL. It provides, in pertinent part, that a specialist may be laterally appointed to the rank of CPL, provided they are assigned to a noncommissioned officer (NCO) position. Soldiers appointed to the rank of CPL will retain the rank of CPL when reassigned from the NCO position unless action is taken by the commander to laterally appoint them back to the rank of SP4. Normally, such action will not be taken unless it involves the imposition of disciplinary action or the individual demonstrates inefficient performance of duties or supervisory duties.
CONCLUSIONS:
1. The applicant was laterally appointed to the rank of CPL in accordance with regulatory guidelines and there is no indication in his records to show that he was laterally appointed back to the rank of SP4. Likewise, there is no indication that there was basis to appoint him back to the rank of SP4.
2. Therefore, the Board finds that the applicant was improperly discharged in the rank of SP4 and his records should be corrected to show that he was discharged in the rank of CPL.
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 be corrected by showing that the individual concerned was discharged in the rank of CPL, instead of SP4, and that he be issued a discharge certificate to reflect that change.
BOARD VOTE:
___fe ___ ___cjp __ __wtm___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
____Fred N. Eichorn _____
CHAIRPERSON
| CASE ID | AR2002067517 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/05/02 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 189 | 110.0000/CORR 214 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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