RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            04 MAY 2004
      DOCKET NUMBER:   AR2003096501


      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:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Joe Schroeder                 |     |Member               |
|     |Mr. William Power                 |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his SSAN (social security account number)
on his November 1975 National Guard Bureau Form 22 (Report of Separation
and Record of Service in the Army National Guard of Maryland) and on his
August 1980 Department of Defense Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected and that his date of birth on the
August 1980 separation document also be correct.  He also asks that the
SSAN on his 1971 Distinguished Flying Cross orders and award certificate be
corrected.

2.  The applicant also requests that he be “advanced” on the retired list
to the rank of Chief Warrant Officer 2 (CW2).

3.  Although not specifically mentioned in his application to the Board,
the applicant has written on his 1980 separation documents with statements
which appear to indicate he was unhappy with an evaluation report which he
believes resulted in his failure to be selected for promotion, which was
the reason for his 1980 release from active duty.  He has highlighted the
reason for his separation on that separation document.

4.  The applicant notes that his SSAN is incorrect on the two identified
separation documents.  In the 1975 National Guard Bureau Form 22 he notes
that the first three numbers should be 219 vice 215 and that on the 1980
Department of Defense Form 214 the last four numbers should be 3206 vice
3227.  He notes that orders announcing award of his Distinguished Flying
Cross and the award certificate incorrectly reflect the first three numbers
of his SSAN as 239 vice 291. He also states that his date of birth is 29
May 1948 not 1958 as reflected on the 1975 National Guard Bureau Form 22.

5.  The applicant also states that he should be advanced in grade on the
retired list because it will affect his National Guard benefits from the
state of Maryland and that he feels his retired identification card should
reflect his rank of CW2.

6.  The applicant provides a copy of an award order and a copy of his
retirement certificate to support the correction of the SSAN on his
separation documents.  He submits copies of several other documents
reflecting his date of birth in 1948 to support correction of his date of
birth on his 1980 separation document.

CONSIDERATION OF EVIDENCE:

1.  In July 1982 the Board considered and denied the applicant’s petition
to expunge the evaluation report mentioned by the applicant in his
handwritten notes on the copy of the 1980 separation document, which he
submits to have the SSAN and date of birth, corrected.  A request for
reconsideration was considered and denied by the Board in August 1983.
Because the applicant made no specific request regarding the expungement of
the evaluation report nor any specific remarks regarding the basis for his
1980 release from active duty, or the correction he would like to have
addressed, the Board will not remark further on those two issues.  A copy
of the Board’s 1982 and 1983 actions, however, will be provided to the
applicant with information concerning the basis for reconsideration of
previous requests.

2.  The original copy of the applicant’s 1975 National Guard Bureau Form 22
does reflect the applicant’s correct SSAN.  The copy provided by the
applicant is less than clear and hence the SSAN appears incorrect.  A
clearer copy of the 1975 separation document will be provided to the
applicant and as such, that issue will also not be further addressed by the
Board.

3.  Records available to the Board indicate that the applicant enlisted in
the Regular Army on 29 June 1966 and ultimately attained pay grade E-5
prior to being discharged for the purpose of accepting an appointment as a
United States Army Reserve warrant officer in June 1970.  His date of birth
is consistently recorded as 29 May 1948 throughout his military personnel
file.

4.  In June 1971 the applicant was promoted in the Army of the United
States to the grade of CW2 (temporary grade) and on 22 July 1971 was
released from active duty and transferred to the United States Army Control
Group (Reinforcement).  His permanent promotion to the grade of CW2 was
effective on 23 July 1971, the day following his release from active duty.

5.  The applicant remained a member of the various Reserve components and
in December 1978 returned to active duty as a United States Army Reserve
warrant officer in the grade of CW2.  He was released from active duty and
returned to the United States Army Control Group (Reinforcement) on 18
August 1980 after failing to be selected for promotion to the grade of CW3.
 He was ultimately discharged from the United States Army Reserve as a
result of that same failure to be selected for promotion.

6.  In September 1988 the applicant enlisted in the Army National Guard and
was promoted to pay grade E-5 in September 1989.

7.  By July 1996 the applicant’s diagnosis of schizophrenia was determined
to rendered him medically disqualified for retention in the Army National
Guard and on 17 July 1996 he was discharged and transferred to the United
States Army Control Group (Retired), in pay grade E-5 and issued a letter
authorizing him “Retired Pay at age 60 with 15 years of service….”

8.  National Guard Regulation 600-200 states that Soldiers will be
transferred to the Retired Reserve in the grade held on the date before
retirement.  Entitlement to a higher retired grade may be determined by the
Army Grade Determination Review Board (AGDRB) under the provisions of Army
Regulation 15-80.

9.  Army Regulation 15-80 states, in effect, that most grade determinations
do not require action by the AGDRB because they are automatic grade
determinations that result from the operation of law and this regulation.
Included in those automatic grade determinations are those associated with
retirement for nonregular service which provides for the automatic advance
after completion of sufficient “years of qualifying service and [emphasis
added] on attaining age 60” to the “highest grade satisfactorily held at
any time during an individual’s entire period of service.”

10.  With the exception of the documents associated with the applicant’s
award of the Distinguished Flying Cross in 1971 and his 1980 separation
document, the first three digits of his SSAN are recorded as 219 and the
last four as 3206.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant’s date of birth is 29 May 1948
and not 29 May 1958 as reflected on his 1980 separation document.  The
document should be corrected accordingly.

2.  The evidence also confirms that the applicant’s first three digits of
his SSAN are 219 and the last four are 3206.  His Distinguished Flying
Cross award documents and his 1980 separation document should be corrected
accordingly.

3.  The applicant was appropriately transferred to the United States Army
Reserve Control Group (Retired) in pay grade E-5, the grade he held on the
day prior to his transfer.  The grade will be automatically changed when he
reaches age 60 and begins drawing retired pay in the highest grade he held
satisfactorily, CW2.  No error or injustice is created by the reflection of
his grade as E-5 on his 1996 separation document or his identification
card.  He will receive a new identification card when he begins drawing
retired pay which will reflect his retirement pay grade of CW2.

BOARD VOTE:

__SK ___  __JS____  ___WP__  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:

      a.  showing that his date of birth on his 1980 separation document is
29 May 1948 vice 1958;

      b.  showing that the last four digits of his SSAN on his 1980
separation document are 3206 vice 3227; and

      c.  showing that the first three digits of his SSAN are 219 vice 239
on his Distinguished Flying Cross award documents.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
advancement to grade of CW2.





            _____Stanley Kelley_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003096501                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040504                                |
|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.                      |                                        |