RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 April 2004
DOCKET NUMBER: AR2003091771
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 |
| |Mr. Edmund P. Mercanti | |Analyst |
The following members, a quorum, were present:
| |Mr. Fred N. Eichorn | |Chairperson |
| |Mr. Walter T. Morrison | |Member |
| |Mr. John T. Meixell | |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 DD Form 256A, Honorable Discharge
Certificate, be corrected to show that he was a sergeant.
2. The applicant states, in effect, that his discharge certificate does
not reflect his correct rank.
3. The applicant provides a copy of the discharge orders and certificate,
dated 29 April 2003, and his separation document from the Army National
Guard (ARNG), which shows he was discharged on 20 January 1961.
CONSIDERATION OF EVIDENCE:
1. The applicant’s records could not be located. The information
contained herein was derived from documents supplied by the applicant,
himself.
2. He was inducted and entered on active duty on 3 November 1955. He was
awarded the military occupational specialty of military police supervisor
and was promoted to corporal, pay grade E-4. He was honorably released
from active duty at the expiration of his term of service (ETS) on 3
November 1955.
3. He enlisted in the ARNG on 21 January 1958 and was honorably discharged
at his ETS on 20 January 1961. The separation document he was issued at
that time shows that he was serving in the rank of sergeant, pay grade E-5.
4. On 29 April 2003, in response to a Congressional inquiry, the Human
Resources Command, St. Louis (HRC-SL), issued the applicant an Honorable
Discharge Certificate and discharge orders. The applicant had stated that
he had never received a discharge order or certificate. Both the discharge
certificate and orders show that the applicant was discharged on 29 April
2003 in pay grade E-4. The HRC-SL informed the Member of Congress that by
Army regulations, the effective date of an order was required to be the
date of the order. The HRC-SL also stated that without proof of the
applicant’s rank at the time of his discharge, they used the last confirmed
grade of E-4.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s ARNG separation document is sufficient evidence to
verify that he was a sergeant at the time of his discharge from that
component.
2. Since the applicant was being discharged by the ARNG at his ETS, that
date should have been the effective date of his discharge orders and
certificate.
3. While the HRC-SL is correct in that the effective date of an order must
be the date of an order (with the exception of reservists enlisting into
other components), the Board is not bound by this regulatory constraint.
4. It is not fair or equitable to issue the applicant discharge orders and
certificate which are dated 42 years after his actual date of discharge,
and that reflect a rank less than what is shown as his separation grade on
an official military document. As such, the applicant’s discharge order
and certificate should be corrected to show that he was honorably
discharged in the rank of sergeant on 20 January 1961.
BOARD VOTE:
___jtm __ ____wtm_ ____fne _ 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
changing his discharge orders and certificate to show that he was honorably
discharged in the rank of sergeant on 20 January 1961.
_________Fred N. Eichorn________
CHAIRPERSON
INDEX
|CASE ID |AR2003091771 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20030401 |
|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. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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