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Decision Text

ARMY | BCMR | CY2002 | 2002068606C070402
Original file (2002068606C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 25 APRIL 2002
         DOCKET NUMBER: AR2002068606


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Ms. Joann Langston Chairperson
Mr. Geoge D. Paxson Member
Mr. Charles Gainor 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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that he was separated in pay grade E-5 vice E-4. In support of his request he submits a copy of his promotion orders.

3. Records available to the Board indicate the applicant entered active duty on
3 March 1969 and was promoted to pay grade E-4 on 12 November 1969. On
22 July 1970, while assigned to a signal battalion in Korea, the applicant was promoted to the rank of sergeant, pay grade E-5. The effective date of his promotion was 13 July 1970. Documents authenticated by the applicant, and various members of his chain command, subsequent to his promotion, including a property inventory, separation physical examination, installation clearance record, and the orders releasing him from active duty, all reflect his rank as sergeant. His 6 October 1970 DD Form 214 (items 5a, 5b, and 6), however, reflects his grade as SP4, E-4, with the 12 November 1969 date of rank.

CONCLUSIONS:

1. The evidence confirms that applicant was promoted to sergeant/E-5 effective 13 July 1970 and there is no indication he was reduced in grade prior to his
6 October 1970 separation date. Various documents in his file confirm that he did serve in pay grade E-5 prior to his separation and as such is entitled to have his separation document corrected accordingly.

2. 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 on the applicant's 1970 DD Form 214 that he was separated in the grade of sergeant/E-5 with a date of rank of 13 July 1970.

BOARD VOTE:

__JL____ __GDP__ __CG ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION


                  ____Joann Langston____
                  CHAIRPERSON



INDEX

CASE ID AR2002068606
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020425
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. 110.00
2.
3.
4.
5.
6.


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