| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | ||
| Mr. Raymond J. Wagner | Member | ||
| Ms. Karen Y. Fletcher | Member |
2. The applicant requests, in effect, that he be issued a corrected discharge certificate with the correct rank.
3. The applicant states, in effect, that he received orders reducing him in rank in September 1979 and in February 1980, he received orders reinstating his rank. In March 1980, he received a discharge certificate with the wrong rank. He assumed that the certificate was printed up before the orders reinstating his rank was issued and that he would receive a corrected certificate when the orders were received by the proper agency. In April 2002, he went to the offices of the National Personnel Records Center in St. Louis to see if he could get a corrected discharge certificate, but a week later he received a letter that indicated that they did not have a copy of his records or the orders issued in February 1980. He states that he would very much like a copy of a corrected discharge certificate to display and requests that one be issued at this time.
4. The applicant’s military records show that he served on active duty in the Regular Army for 2 years, 11 months, and 25 days, from 21 March 1974 until
15 March 1977. At that time, he was honorably separated and transferred to the United States Army Reserve (USAR) to complete his military service obligation.
5. The separation document (DD Form 214) issued to the applicant upon his release from active duty (REFRAD) confirms that he held the rank and pay grade of specialist four/E-4 (SP4) on the date of his separation.
6. On 17 July 1979, Orders Number 07-123404, published by the USAR Personnel and Administration Center (ARPERSCEN), relieved the applicant from assignment to the USAR Control Group and reassigned him to Headquarters and Headquarters Battery (HHB), 479th Field Artillery (FA) Brigade, Pittsburgh, Pennsylvania, effective 26 May 1979.
7. On 25 July 1979, Orders Number 7-1, published by HHB, 479th FA Brigade, reduced the applicant from SP4 to private first class (PFC).
8. On 26 September 1979, Orders Number 188-5, published by Headquarters, First United States Army, Fort George G. Meade, Maryland, relieved the applicant from assignment to HHB, 479th FA Brigade, and assigned him to the USAR Control Group, effective 1 September 1979. The applicant’s standard name line in these orders showed his rank as PFC.
9. On 1 February 1980, the Inspector General (IG) of the 99th Reserve Command, Oakdale, Pennsylvania, sent the applicant a letter that indicated that the necessary documents revoking the applicant’s reduction orders were enclosed. The IG stated that the orders reducing him were not valid, in that he was illegally placed on active duty for training orders prior to the unit receiving orders assigning him to the 479th FA Brigade, and that he would receive an amended order that would reinstate his rank in the not too distant future.
10. Also on 1 February 1980, Orders Number 23-2, published by Headquarters, First United States Army, Fort George G. Meade, Maryland, amended Orders Number 188-5, dated 26 September 1980, by changing the rank listed in the applicant’s standard name line to show the rank SP4 vice PFC as originally published.
11. On 27 February 1980, Orders Number 02-1013352, published by ARPERCEN, directed the applicant’s discharge from the USAR, effective
6 March 1980. The standard name line contained in these orders listed the applicant’s rank as PFC.
CONCLUSIONS:
1. The Board notes the applicant’s request that his records be corrected to show the revocation of his reduction to PFC and that he be provided a corrected discharge certificate that shows his proper rank, and it finds these claims have merit.
2. The evidence of record shows that the applicant’s reduction was determined to be illegal by the IG of the 99th Reserve Command, and based on this determination, First United States Army took action to amend orders it had published to show the applicant’s correct rank. However, proper administrative measures were not taken to complete this action by actually revoking the reduction orders published by HHB, 479th FA Brigade. Further, it is clear that the IG determination that the reduction was illegal never reached ARPERCEN officials prior to their publishing the applicant’s USAR discharge orders.
3. In view of the facts of this case, the Board finds that the proper authority did in fact determine that the applicant’s reduction was illegal and directed that the reduction orders be revoked. Further, that the orders and documents published subsequent to this determination that continued to show the applicant’s rank as PFC were in error. Therefore, the Board concludes that the applicant’s record should be corrected to show that his reduction to PFC was revoked and that he held the rank of SP4 at the time of his discharge from the USAR. Further, it finds that it would be appropriate at this time to issue the applicant a corrected discharge certificate that shows his proper rank of SP4.
4. 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 applicant’s reduction to private first class was revoked and that he held the rank of specialist four on the date of his discharge from the USAR; and by providing him a corrected discharge certificate that reflects this proper rank.
BOARD VOTE:
__RVO_ __RJW___ ___KYF__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Arthur A. Omartian _
CHAIRPERSON
| CASE ID | AR2002074837 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/09/26 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1980/03/06 |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | Completion of MSO |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 1021 | 100.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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