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ARMY | BCMR | CY2004 | 2004099953C070208
Original file (2004099953C070208.doc) Auto-classification: Approved





                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 May 2004
      DOCKET NUMBER:   AR2004099053


      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. Fred Eichorn                  |     |Chairperson          |
|     |Mr. John Slone                    |     |Member               |
|     |Mr. Robert Osborn                 |     |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 item 12h (Effective Date of Pay
Grade) on his DD Form 214 (Certificate of Release or Discharge from Active
Duty) to show his effective date of pay grade to E-8 as "1998 04 01."

2.  The applicant states that the effective date of pay grade "1999/11/18"
is incorrect and that the correct date is "1998/04/01."

3.  The applicant provides a copy of orders promoting him to master
sergeant.

CONSIDERATION OF EVIDENCE:

1.  The applicant last reenlisted in the Regular Army on 16 November 1979
and continued to serve on active duty through a series of reenlistments.

2.  The applicant provided a copy of U.S. Total Army Personnel Command
Orders Number 072-7 dated 13 March 1998 which promoted him to master
sergeant/pay grade E-8 with an effective date and date of rank of 1 April
1998.  All of his E-8 Noncommissioned Officer Evaluation Reports show his
date of rank as 1 April 1998.

3.  He completed over 20 years of service and retired on 31 August 2003 in
pay grade E-8.  Item 12h on his DD Form 214 shows his effective date of pay
grade as "1999 11 18."

4.  Army Regulation 635-5 (Separation Documents) governs the preparation of
the DD Form 214.  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 directs that
the soldier's effective date of pay grade from the most recent promotion
order (or reduction instrument) will be entered in item 12(h) of the DD
Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was promoted to master sergeant/pay grade E-8
with an effective date and date of rank of 1 April 1998.

2.  The applicant's DD Form 214 shows he retired on 31 August 2003 in pay
grade E-8 with an effective date of pay grade of "1999 11 18."

3.  In accordance with Army Regulation 635-5, the applicant's effective
date of pay grade to E-8 should have been entered as "1998 04 01" on his DD
Form 214 which is the date from his most recent promotion order.
4.  It appears that an error has occurred in this case.  Therefore, it
would be equitable to amend item 12h on the applicant's DD Form 214 to show
his effective date of pay grade as "1998 04 01."

BOARD VOTE:

FE______  JS______  RO______  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
amending item 12h on his DD Form 214 to show his effective date of pay
grade as "1998 04 01."




            Fred Eichorn__________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004099053                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040520                                |
|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.       |110.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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