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ARMY | BCMR | CY2004 | 2004100289C070208
Original file (2004100289C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          27 July 2004
      DOCKET NUMBER:  AR2004100289


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnesy, Jr.   |     |Member               |
|     |Ms. Eloise C. Prendergast         |     |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 report of separation (DD Form 214) be
corrected to reflect his correct rank, pay grade, awards and military
occupational specialties (MOS).

2.  The applicant states, in effect, that his DD Form 214 incorrectly
reflects his rank and pay grade as specialist (SPC) E-4, when in fact he
was serving in the rank of sergeant (SGT) E-5 with a date of rank (DOR) of
1 May 2002.  He further states that his primary MOS (PMOS) at the time was
67T20 – Utility Helicopter Repairer.  Additionally, he was awarded the Army
Commendation Medal (ARCOM), which was not included on his DD Form 214 at
the time.

3.  The applicant provides a copy of his promotion orders to the pay grade
of E-5, a copy of his ARCOM and copies of his academic evaluation report
and diploma for completion of the 67T course.

CONSIDERATION OF EVIDENCE:

1.  He enlisted in Columbus, Ohio, on 3 October 1995 for a period of 3
years and training as a wheeled vehicle repairer.  He successfully
completed his training and was awarded the MOS of 63W10.  He was promoted
to the pay grade of E-4 on 3 December 1997.

2.  He reenlisted for training as a Utility Helicopter Repairer in MOS 67T
and attended that course at Fort Eustis, Virginia, during the period of 28
June 1999 through 15 October 1999.  He successfully completed the course
and was awarded the MOS of 67T as his PMOS upon completion.

3.  He was then transferred to Germany and on 1 May 2002, he was promoted
to the rank of SGT E-5 in MOS 67T20.  On 20 May 2002, Permanent Orders
141-01 were published by the 12th Aviation Brigade, awarding him the ARCOM
for the period of 17 October 2001 to 3 September 2002.

4.  On 1 December 2002, he was honorably released from active duty (REFRAD)
and was transferred to the United States Army Reserve Control Group
(Reinforcement).  He had served 7 years, 1 month and 29 days of total
active service and his DD Form 214 shows that he was discharged in the rank
and pay grade of SPC E-4 with a DOR of 3 December 1997.  It also reflects
that his PMOS was 63W10 and there is no entry in item 13, under
decorations, to reflect his award of the ARCOM.
5.  A review of the available records shows no indication of any derogatory
action being taken against the applicant during his service.

6.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect an individual's service as it exists on the date of
REFRAD or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was serving in
the rank and pay grade of SGT E-5, with a DOR of 1 May 2002, at the time of
his REFRAD.  However, an administrative oversight resulted in his being
REFRAD in the rank of SPC E-4, with a DOR of 3 December 1997.  Accordingly,
it would be in the interest of justice to correct that error at this time.

2.  His DD Form 214 also reflects his PMOS as 63W – Wheeled Vehicle
Repairer instead of 63T20 – Utility Helicopter Repairer.  Inasmuch as
multiple specialties may be entered in item 11 (Primary Specialty), it
would be appropriate to add MOS 67T and to indicate that he served in that
MOS for 3 years and 2 months.

3.  Additionally, his award of the ARCOM should also be added to item 13 of
his DD Form 214 at this time.

BOARD VOTE:

__mhm___  __teo___  __ecp___  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 correcting his DD Form 214 dated 1 December 2002 to reflect in
item 4a. that he was REFRAD in the rank of SGT, in block 4b. that his pay
grade was E-5, and in item 12h, that the effective date of his pay grade
was 1 May 2002.
      b.  by adding to item 11 that his primary specialty was 67T20 –
Utility Helicopter Repairer – 3 years and 2 months; and


      c.  by adding his award of the ARCOM to item 13.



                 Melvin H. Meyer
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100289                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040727                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |307/PAY GRD                             |
|1.129.0500              |                                        |
|2.100.0500              |6/MOS                                   |
|3.107.0020              |66/ARCOM                                |
|4.110.0000              |189/CORR 214                            |
|5.                      |                                        |
|6.                      |                                        |


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