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Decision Text

ARMY | BCMR | CY2003 | 2003091607C070212
Original file (2003091607C070212.rtf) Auto-classification: Approved




RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 22 JANUARY 2004
         DOCKET NUMBER: AR2003091607


         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:

Ms. Joann H. Langston Chairperson
Mr. Arthur A. Omartian Member
Mr. Ronald J. Weaver 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 item 4-b (pay grade) on his September 2002 separation document be corrected to show 0-2E vice 02.

2. The applicant states he was being paid in the grade of 0-2E at the time of his separation from active duty in 2002 as a result of his more than 4 years of prior enlisted and warrant officer service. He states the transition officer who prepared his separation document told him that he could only enter 0-2 on the separation document. The applicant states that he is now in the Coast Guard and needs the correction to receive pay at the appropriate grade.

3. The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1. Records available to the Board indicate that the applicant entered active duty as an enlisted Soldier on 4 October 1994 for the purpose of undergoing warrant officer flight training. He was discharged on 27 February 1995 for the purpose of accepting his appointment as a warrant officer. He was immediately ordered to active duty in that capacity.

2. On 22 September 1999 he was discharged for the purpose of accepting a United States Army Reserve commission as a second lieutenant. At the time of his 1999 separation he had a total of 4 years, 11 months, and 19 days of combined enlisted and warrant officer service. He was called to active duty as a commissioned officer on 23 September 1999. He was promoted to the grade of first lieutenant on 23 March 2001.

3. In April 2002 the applicant declined to accept Voluntary Indefinite (VI) Status and as such was released from active duty on 22 September 2002. Item 4-b of his separation document reflects his pay grade as “02.”

4. Army Regulation 635-5, which prescribes the policies and provisions for the preparation of the Department of Defense Form 214 (Certificate of Release or Discharge from Active Duty) states that item 4 will reflect the “active duty grade or rank and pay grade at the time of separation.”

5. Department of Defense Financial Management Regulation states that effective 1 October 1993 commissioned officers in pay grades 0-1, 0-2, or 0-3, who are credited with at least 4 years and 1 day of combined prior active service as an enlisted member and warrant officer are entitled to the special rate of basic pay grade 0-1E, 0-2E, or 0-3E.


DISCUSSION AND CONCLUSIONS
:

The evidence confirms that the applicant had more than 4 years of active enlisted and warrant officer service when he was ordered to active duty as United States Army Reserve officer and as such, at the time of his separation he would have been serving in the recognized pay grade of 0-2E. His records should be corrected accordingly.

BOARD VOTE:

__JHL___ __AAO __ __RJW__ 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 by showing that he was serving in pay grade 0-2E at the time of his release from active duty in September 2002.





                  ___Joann H. Langston____
                  CHAIRPERSON





INDEX

CASE ID AR2003091607
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20040122
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.


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