| Mr. Carl W. S. Chun | Director | |
| Mr. Vic Whitney | Analyst |
| Ms. Joann Langston | Chairperson | |
| Mr. Ronald E. Blakely | Member | |
| Ms. Melinda M. Darby | Member |
APPLICANT REQUESTS: That his pay grade be corrected to E-2 and his Military Occupational Specialty (MOS) be shown on his DD Form 214 (Certificate of Release or Discharge From Active Duty).
APPLICANT STATES: That his pay grade is inaccurate and his MOS is not listed. He provides documents from his military record including his Individual Training Record, his certificate for completion of Basic Combat Training (BCT), his certificate for completion of training in MOS 31U, and a Separation Pay Worksheet.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted and entered active duty on 6 April 1995 in the pay grade of E-1. An automated Individual Training Record, dated 6 June 1995, shows that he completed all required training as of that date. The applicant provides a certificate that shows he completed BCT effective 8 June 1995.
On 10 June 1995, the applicant was placed in a remedial physical training program after failing to achieve a passing score on an assessment Army Physical Fitness Test (APFT). He failed a diagnostic APFT on 17 June 1995. He failed a second diagnostic APFT on 24 June 1995. He failed a third diagnostic APFT on 14 July 1995.
The available records show that he was excused from physical training from 24 to 31 July 1995. He failed his forth diagnostic APFT on 2 August 1995. On 18 August 1995, he was excused from physical training until 22 August 1995. On 30 August 1995, the applicant failed his first record APFT. On 6 September 1995, he failed his second record APFT.
On 25 September 1995, the applicant's commander informed him of recommended separation action as a habitual APFT failure. The applicant acknowledged receipt of the contemplated separation action and waived his rights to consult with counsel or to provide a statement in his own behalf. The recommendation was forwarded to the separation authority noting that the applicant was an APFT failure who could not meet the minimum standards prescribed for successful completion of training.
The applicant provides a copy of a certificate that shows that he completed training for MOS 31U effective 11 October 1995. There are no orders in the available record to show that he was awarded MOS 31U and his Personnel Qualification Record does not show that he completed the MOS 31U training.
The separation authority approved the commander's recommendation and directed an uncharacterized separation under the authority of Army Regulation 635-200, chapter 11.
A Separation Pay Worksheet, dated 22 November 1995, shows the applicant's pay grade as E-1. The form also shows that his final pay due at separation had $89.25 deducted for an overpayment in the pay grade of E-2 from 6 through 30 October 1995.
Effective 22 November 1995, the applicant was separated from active duty in the pay grade of E-1 under the authority of Army Regulation 635-200, chapter 11 for entry level performance and conduct. His Character of Service is shown as Uncharacterized. He had 7 months and 17 days active duty service.
On 19 June 2002, the Army Discharge Review Board voted to amend the applicant's DD Form 214 to show his Character of Service as Honorable and to show the authority for separation as Army Regulation 635-200, chapter 5, Secretarial Authority.
There is no documentation in the available record or provided by the applicant to show that he was ever promoted to the pay grade of E-2. All of the documents in the available record show the applicant's pay grade as E-1.
Army Regulation 635-5 provides the policy for the preparation of the DD Form 214. The regulation provides for the recording of primary specialty (MOS) served in for at least 1-year.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. There is no evidence of record, and no credible evidence provided by the applicant, that he was ever promoted to the pay grade of E-2 and was serving in that grade at the time of his separation.
2. There is no basis to add the applicant's MOS to his DD Form 214 since his service in that MOS does not meet the minimum 1-year requirement of the regulation.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__jl___ __rb____ __md______ DENY APPLICATION
| CASE ID | AR2002071804 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020919 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.05 |
| 2. | 129.05 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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