| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Stanley Kelley | Chairperson | |
| Mr. Christopher J. Prosser | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his pay grade as E-4.
APPLICANT STATES: That his DD Form 214 indicates that he was honorably discharged as an E-2 but he was later reinstated to pay grade E-4 upon his medical discharge from the Army. He submitted a copy of his DD Form 214, his DA Form 8-118 (Medical Board Proceedings), and a pay record status.
EVIDENCE OF RECORD: The applicant's military records show:
After having had prior service, the applicant enlisted in the Regular Army in the temporary grade of private first class (PFC) on 17 July 1961.
The applicant was advanced to the temporary grade of specialist four (SP4)/E-4 on 6 May 1962.
On 2 April 1965, the applicant was convicted by a special court-martial of being absent without leave (AWOL) from 1 October 1964 to 11 March 1965. He was sentenced to confinement at hard labor for 6 months and reduction to the grade of private E-1. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was reduced to the grade of private E-1 on 6 April 1965.
The applicant's DA Form 20 shows he was advanced to the permanent grade of private E-2 on 6 August 1965 and was advanced to the permanent grade of PFC on 13 October 1965.
On 14 June 1966, the applicant was convicted by a special court-martial of being AWOL from 6 April 1966 to 26 May 1966. He was sentenced to reduction to private E-1, confinement at hard labor for 6 months, and forfeiture of $83.00 pay per month for 6 months.
The applicant's DA Form 20 shows he was advanced to the grade of permanent private E-2 on 1 February 1967.
The applicant's personnel records contain an AGPZ Form 977 (Data for Retired Pay) which shows he was to be placed on the Temporary Disability Retired List on 11 May 1967 in the grade of SP4/E-4.
On 10 May 1967, the applicant was retired by reason of temporary disability. His DD Form 214 with an ending date of 10 May 1967 shows his permanent grade as "private" in item 5a (Grade, Rate or Rank) and shows his temporary pay grade as "E-2" in item 5b (Pay Grade). Item 30 (Remarks) on this discharge document shows the entry: "Retired in grade of Specialist Four E-4."
On 26 June 1972, the applicant was determined to be permanently unfit for duty by reason of physical disability and was removed from the Temporary Disability Retired List. He was discharged under the provisions of Title 10 United States Code Section 1203 with a 10% disability rating.
Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. In the version in effect at the time, it states that the DD Form 214 is a synopsis of the soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. In pertinent part it directed that the grade which enlisted personnel served at the time of separation, indicating whether permanent or temporary, will be entered in item 5a and the pay grade will be entered in item 5b.
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. 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.
2. The evidence of record shows the applicant was advanced to the temporary grade of SP4 on 6 May 1962. After several reductions, he was advanced to permanent grade of private E-2 on 1 February 1967.
3. In accordance with Army Regulation 635-5, the grade in which enlisted personnel served at the time of separation will be shown on the DD Form 214. The applicant's DD Form 214 with an ending date of 10 May 1967 properly reflects that he held the grade of private E-2 on 10 May 1967, the date he was separated from active duty. He was not placed on the Temporary Disability Retired List as a SP4 until 11 May 1967. Therefore, there is no basis for correcting his records to show his pay grade as E-4.
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
SK______ CJP_____ JTM____ DENY APPLICATION
| CASE ID | AR2003084958 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030911 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 19670510 |
| DISCHARGE AUTHORITY | Title 10, USC 1202 |
| DISCHARGE REASON | Retirement-Temporary Disability |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 144.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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