PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 January 2003
         DOCKET NUMBER: AR2002077732


         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. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Ms. Marla J. Troup		Member
Mr. Arthur A. Omartian		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.

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2. The applicant requests that his rank on his separation orders and Honorable Discharge Certificate be corrected to show "SPC" instead of "PFC."

3. The applicant states that he was honorably released from active duty on
6 July 1985, was transferred to the US Army Reserve (USAR), and later assigned to a troop program unit (TPU) on 4 November 1986. He performed his duties well and received several certificates for his achievements. He was informed that his Reserve obligation would expire and that he was within two drills that would not be held against him through disciplinary action. He missed a couple of drills prior to his discharge and was later separated in the rank of PFC/E-3 instead of SPC/E-4. He never received any verbal or written disciplinary action regarding a reduction in rank. He recently enlisted in the US Air Force and had to enlist in the last rank held of PFC/E-3. His immediate career advancement hinges on correction of this error. In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), separation orders, dated 24 August 1988, and a copy of his Honorable Discharge Certificate, dated 24 August 1988.

4. The applicant’s military records show he enlisted in the USAR on 13 May 1982, for a period of 6 years. He enlisted in the Regular Army on 7 July 1982, as a tank systems mechanic with an expiration of term of service (ETS) of 6 July 1985. He was promoted to SPC/E-4 effective 1 November 1983.

5. He continued to serve until he was released from active duty on 6 July 1985, in the pay grade of E-4. He was transferred to the USAR Control Group (Reinforcement). On 4 November 1986, he was transferred to a TPU.

6. The applicant’s records contain two Letters of Instruction-Unexcused Absence which shows that the applicant was not present on three occasions from scheduled unit training assemblies. The letters also stated that the applicant was required to attend all scheduled unit training assemblies and annual training periods under the provisions of Army Regulation 135-91. The letters state that he had a total of three unexcused absences.

7. The applicant's records contain a copy of a request for discharge, dated 28 June 1988, that shows he was to be separated under the provisions of Army Regulation 135-178, chapter 11, due to expiration of service obligation.
It also stated that his effective date of discharge was 6 July 1988 and shows his pay grade as E-3.

8. Item 27 (Remarks) of the applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows the entry "Retained beyond normal discharge date for convenience of the Government."


9. The applicant provided a copy of Headquarters, Fourth United States Army and Fort Sheridan Orders Number 149-7, dated 24 August 1988, which shows that the applicant was separated in the rank of "PFC" instead of "SPC" effective 24 August 1988.

10. The discharge certificate provided by the applicant shows he was discharged in the rank of "PFC" instead of "SPC" on 24 August 1988.

11. There is no evidence of derogatory information in the applicant’s records other than the three absences and no reduction orders to PFC.

12. Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) prescribes policy
and procedures governing the various types of service obligations and participation requirements for members of the USAR and Army National Guard (ARNG). Chapter 4 provides guidance governing absences from Ready Reserve Training for enlisted and officer personnel of the ARNG and USAR.

13. Paragraph 4-11 of the same regulation pertains to unexcused absence from unit training assemblies. It states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a
1-year period. Unless an absence is authorized, a soldier failing to attend a scheduled single or multiple unit training assembly (MUTA) will be charged with an unexcused absence.

14. Army Regulation 135-178 provides for the separation of enlisted personnel of the USAR and the ARNG. Chapter 11, of the regulation pertains to completion of terms of enlistment or period of statutorily obligated service. The regulation provides that the period of military service required for all enlisted soldiers of the
Army will be in accordance with applicable laws. On expiration of term of enlistment or period of statutorily obligated service, the separation authority will discharge the enlisted soldier. Enlisted members will not be held in service beyond their normal ETS unless their ETS is extended by law. When, through administrative error an enlisted soldier is not discharged on the actual date of completion of term of enlistment or date of completion of statutorily obligated service, a remark will be included the "Remarks" section of the individual's DA Form 2-1 as follows: "Retained beyond normal discharge date for the convenience of the Government." A soldier separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless an entry-level separation is required.





CONCLUSIONS:

1. The applicant’s records contained two Letters of Instruction-Unexcused Absence, which shows that the applicant was absent on three occasions from scheduled unit training assemblies. The Board notes that he was required to attend all scheduled unit training assemblies and annual training periods under the provisions of Army Regulation 135-91, which he did not follow. However, he was not separated for unsatisfactory performance.

2. The Board notes that the applicant was promoted to SPC/E4 on 1 November 1983 and his records did not contain any other derogatory information or reduction orders. It is logical to presume that the rank on his separation orders and Honorable Discharge Certificate were the result of an administrative error. Therefore, it would be appropriate to correct his separation orders, dated 24 August 1988 and his Honorable Discharge Certificate to show his rank as "SPC" instead of "PFC."

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 for the individual concerned be corrected:

a. by amending his separation orders, dated 24 August 1988, to show his rank as "SPC"; and

         b. by reissuing his Honorable Discharge Certificate, dated 24 August 1988, to show his rank as "SPC."

BOARD VOTE:

__ro___ ___mt___ ___ao___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Raymond V. O'Connor, Jr._
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077732
SUFFIX
RECON
DATE BOARDED	20030116
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19880824
DISCHARGE AUTHORITY	AR .135-175
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	302
2.
3.
4.
5.
6.