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ARMY | BCMR | CY2003 | 2003088404C070403
Original file (2003088404C070403.rtf) Auto-classification: Approved




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 February 2004
         DOCKET NUMBER: AR2003088404


         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Mr. Curtis L. Greenway Member
Ms. Regan K. Smith 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as sergeant (SGT) in item 4a (Grade, Rate, or Rank) and his pay grade as E-5 in item 4b (Pay Grade).

2. The applicant states that he was not given sufficient notification to provide the necessary orders to prove he was promoted to the rank of SGT.

3. The applicant provides a copy of orders promoting him to SGT and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1. The applicant’s military records are not available to the Board. This case is being considered using reconstructed records, which primarily consist of his DD Form 214.

2. The applicant enlisted in the U.S. Army Reserve (USAR) on 7 October 1999.

3. He was promoted to the rank of specialist (SPC)/pay grade E-4 with an effective date of 7 October 1999.

4. The applicant's DD Form 214 shows he was ordered to active duty in support of Operation Desert Spring on 4 June 2002. He served in Southwest Asia from 4 August 2002 through 21 January 2003.

5. The applicant provided a copy of Task Force, 7th Squadron, 6th Cavalry Regiment, Camp Doha, Kuwait Order Number 351-6 dated 17 December 2002 which promoted him to SGT/E-5 with a date of rank and an effective date of 17 December 2002.

6. The applicant was released from active duty on 13 February 2003 at the completion of his required active service.

7. Item 4a on his DD Form 214 shows the entry "SPC." Item 4b on his discharge document shows the entry "E4."

8. Headquarters, U.S. Army Reserve Command Orders Number 03-150-00017 dated 30 May 2003 discharged the applicant from the USAR on 6 May 2003 in the rank of SGT.




DISCUSSION AND CONCLUSIONS:

1. Orders show the applicant was promoted to SGT/E-5 on 17 December 2002. However, his DD Form 214 shows he released from active duty in the rank of SPC/E-4.

2. It appears that an administrative error has occurred in this case and it would be appropriate to amend items 4a and 4b on the applicant's DD Form 214 to show "SGT" and "E-5, " respectively.

BOARD VOTE:

SAC_____ CLG_____ RKS_____ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

a. by amending item 4a on his DD Form 214 to show the entry "SGT;" and
b. by amending item 4b on his DD Form 214 to show the entry "E-5."




                  Samuel A. Crumpler____
                  CHAIRPERSON



INDEX

CASE ID AR2003088404
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20040203
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 129.0000
2.
3.
4.
5.
6.


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