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Decision Text

ARMY | BCMR | CY2002 | 2002070358C070402
Original file (2002070358C070402.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 July 2002
         DOCKET NUMBER: AR2002070358


         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. Raymond V. O’Connor, Jr. Chairperson
Mr. Richard T. Dunbar Member
Mr. Kenneth W. Lapin 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 Item 12h (Effective Date of Promotion) of his separation document (DD Form 214) be corrected to show the correct date he was promoted to the rank and pay grade of master sergeant/E-8 (MSG/E-8).

3. The applicant states, in effect, that the date currently entered in Item 12h (Effective Date of Pay Grade) of his DD Form 214 is incorrect, and should be corrected to read 1 July 1997. In support of his application, he submits a copy of his MSG/E-8 promotion order and his DD Form 214.

4. The applicant’s military records show that on 31 January 2002, he was honorably released from active duty (REFRAD) for the purpose of retirement. At that time, he had completed a total of 28 years, 11 months, and 9 days of active military service.

5. Promotion Order Number 162-7, dated 11 June 1997, issued by the Total Army Personnel Command (PERSCOM), confirms that the applicant was promoted to the rank and pay grade of MSG/E-8 with an effective date of 1 July 1997, and that this is the highest rank and pay grade he attained while serving on active duty.

6. The separation document (DD Form 214) issued to and signed by the applicant on the date of his separation confirms that he held the rank and pay grade of MSG/E-8. Item 12h (Effective Date of Pay Grade) contains the entry “2000 06 16”, which indicates that he was promoted to MSG/E-8 on that date.

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 the DD Form 214. Paragraph 2-4, states in effect, that the effective date of the promotion to the current pay grade will be entered in item 12h.

CONCLUSIONS:

1. The Boards notes the contention of the applicant that the entry recorded in Item 12h (Effective Date of Pay Grade) of his DD Form 214 is incorrect, and it finds this claim has merit. By regulation, the effective date of promotion to the current pay grade will be entered in Item 12h of the separation document.

2. Promotion Order Number 162-7, dated 11 June 1997, issued by the Total Army Personnel Command (PERSCOM), confirms that the applicant was promoted to the rank and pay grade of MSG/E-8 on 1 July 1997. Therefore, the Board concludes it would be appropriate to correct Item 12h (Effective Date of Pay Grade) of the applicant’s DD Form 214, dated 31 July 2002, to read “1997 07 01” at this time.

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 amending the entry contained in Item 12h (Effective Date of Pay Grade) of the 31 January 2002 DD Form 214 of the individual concerned to read “1997 07 01”, in lieu of the current entry; and by providing him a corrected separation document that reflects this change.

BOARD VOTE:

__RVO__ __RTD__ __KWL__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                                             ___Raymond V. O’Connor, Jr.___
                  CHAIRPERSON




INDEX

CASE ID AR2002070358
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/07/25
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. 131.0400
2.
3.
4.
5.
6.



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