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Decision Text

ARMY | BCMR | CY2003 | 2003090178C070212
Original file (2003090178C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 January 2004
         DOCKET NUMBER: AR2003090178


         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. Rosa M. Chandler Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. Walter T. Morrison Member
Ms. Karen Y. Fletcher 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, in essence, this honorable discharge certificate be corrected to show that he was separated in the rank of sergeant vice specialist four.

2. The applicant states, in essence, that he was issued an honorable discharge certificate on 18 October 2002 which shows that he was separated in the rank of specialist four.

3. The applicant provides in support of his request: a DA Form 1058 (Request and Authorization for Annual Training), dated 21 February 1982; Orders 2-1 awarding him primary military occupational specialty (MOS) 54C, dated 22 January 1985; a DA Form 2166-6 (Enlisted Evaluation Report) for the period September 1981-August 1982, all of which show that he was serving in the rank of sergeant at the time the documents were prepared. He also submits a copy of a torn honorable discharge certificate that is dated 18 October 2002, which shows that he was separated with the rank of specialist four.

CONSIDERATION OF EVIDENCE:

1. Prior to the period of service under review, the applicant served honorably in the United States Naval Reserve (USNR) from 1 February 1967-12 June 1967. He served honorably in the United States Navy (USN) in an active duty status from 13 June 1967-11 June 1969. He served honorably in the USNR from 12 June 1969-31 January 1973.

2. On 8 November 1979, the applicant enlisted in the United States Army Reserve (USAR). On 7 October 1985, while assigned to the 414th Chemical Company, Anderson, South Carolina, the applicant requested in a written statement an administrative reduction in rank from sergeant to specialist four. The applicant stated that his request was a voluntary act and that he was making the request due to personal reasons. On 22 October 1985, the applicant's commander requested the reduction in rank.

3. Orders Number 25-2 from Headquarters, 457th Chemical Battalion, Greenville, South Carolina, dated 7 November 1985, shows that effective the same date, the applicant was reduced in rank from sergeant to specialist four with a date of rank of 7 March 1977. There is no evidence the applicant ever regained his rank.

4. Orders Number 74-54, Headquarters, 81st USAR Command, East Point, Georgia, dated 31 August 1988, shows the applicant was released from his unit and reassigned to the USAR (Reinforcement), St. Louis, Missouri, due to unsatisfactory participation.
DISCUSSION AND CONCLUSIONS :

1. On 7 November 1985, the applicant was reduced in rank from sergeant to specialist four for personal reasons upon his request. There is no evidence he regained his rank of sergeant.

2. The applicant’s discharge proceedings were conducted in accordance with law and regulations applicable at the time. Absent proof that he was promoted from specialist to sergeant, the applicant's honorable discharge certificate is correct as completed.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__ rvo ___ __ wtm ___ __ kyf ___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




                  Raymond V. O'Connor, Jr.
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2003090178
SUFFIX
RECON
DATE BOARDED 20040129
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 133.0500
2.
3.
4.
5.
6.


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