RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            14 September 2004
      DOCKET NUMBER:   AR2004103010


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Ms. Karen A. Heinz                |     |Member               |
|     |Mr. Robert Duecaster              |     |Member               |

      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 he be provided a Certificate of Military
Service for the period 1957 through 1959 and a corrected Honorable
Discharge Certificate dated 10 November 1969 to show his rank as Staff
Sergeant.

2.  The applicant states that the State of Connecticut made a records
correction and provided him a discharge certificate reflecting his true
permanent rank of Staff Sergeant.  He would like his Army discharge
certificate to also reflect his rank as Staff Sergeant.  He states that he
received a wallet-size Certificate of Service in 1959 along with his DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

3.  The applicant provides a copy of a wallet-size Certificate of Service;
his DD Form 214; his Honorable Discharge Certificate from the Armed Forces
of the United States, date of 10 November 1969; and his Honorable Discharge
Certificate from the Federally Recognized Army National Guard, Army
National Guard of Connecticut (CTARNG), date of 10 November 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records are not available to the Board.  This
case is being considered using reconstructed records which primarily
consist of the documents provided by the applicant and information
contained in a case considered by the Board on 23 June 1999 (docket number
AC98-09556/AR1999018452) concerning different, but related, issues.

2.  The applicant enlisted in the U. S. Army Reserve on 16 September 1957
for immediate active duty.  He was released from active duty on 15
September 1959 and reverted to the XIII U. S. Army Corps (Reserve).  He was
issued a DD Form 214 for this period of active duty.

3.  The applicant enlisted in the CTARNG on 6 March 1960.  On an unknown
date, he was promoted to Staff Sergeant, E-6 and apparently was laterally
appointed a Specialist Six, E-6 on an unknown date.  He was discharged from
the CTARNG and as a Reserve of the Army in the rank of Specialist Six, E-6
on 16 October 1967.

4.  On 4 March 1968, the applicant reenlisted in the CTARNG.  On that same
date, he was administratively reduced without prejudice to Specialist Five,
E-5 to fill a unit vacancy.  On 1 December 1968, he again was
administratively reduced without prejudice to Specialist Four, E-4 to fill
a unit vacancy.

5.  On 10 November 1969, the applicant was discharged from the CTARNG
and as a Reserve of the Army in the rank of Specialist Four.  His NGB Form
   22 (Report of Separation) apparently showed his highest grade held as
Specialist Six, E-6.  He later received an Honorable Discharge Certificate
from the CTARNG which showed his rank as Staff Sergeant.  He apparently did
not receive an Honorable Discharge Certificate from the U. S. Army.  This
oversight was corrected around May 2003 when the Army Review Boards Agency
Support Division prepared an Honorable Discharge Certificate from the Armed
Forces of the United States of America (showing his rank as Specialist
Four).

6.  In July 2003, the applicant requested expungement of the 12 June 2003
Board Memorandum of Consideration.  In his letter, he had some questions
concerning a discharge certificate for the period ending 15 September 1959.
 Apparently his DD Form 214 was not available when the staff of the Board
responded on 13 January 2004.  He was informed, in part, that discharge
certificates could not be replaced if lost but a "certificate of military
service" could be issued.

7.  Army Regulation 635-5 (Separation Documents) states that a DD Form 214
will not be issued to replace record copies of DD Forms 214 lost by
soldiers.  If no DD Form 214 is available, a statement of service or
transcript of military record will be issued.

8.  Army Regulation 140-158 (Army Reserve Enlisted Personnel Promotions and
Reductions), version dated 20 December 1968, stated that reductions could
be made at the request of the Reservist, normally without prejudice, and
normally limited to individuals desiring reduction for the purpose for
assignment to an existing vacancy in a lower grade.  It also provided
guidance for the restoration of rank of soldiers reduced in rank due to
Article 15, court-martial action, or conviction by civil court.

DISCUSSION AND CONCLUSIONS:

1.  It appears that when the applicant applied to the Board for expungement
of the 12 June 2003 Memorandum of Consideration his DD Form 214 was not
available.  It appears the staff of the Board, in responding to his
request, presumed he was requesting replacement of his DD Form 214;
however, he was informed, in part, that discharge certificates could not be
replaced if lost but a "certificate of military service" could be issued.

2.  If the applicant had lost his DD Form 214, it is true that it could not
be replaced.  However, he would then have been provided either a statement
of service or, more likely, a DA Form 1569 (Transcript of Military Record),
not a "certificate of military service."  It appears the applicant is
requesting a document suitable for framing.  The DA Form 1569 is a standard
military form and, since the applicant has not lost his DD Form 214, would
not be issued anyway.  The Board regrets the misleading information
provided to the applicant in January 2004.

3.  The Board understands the applicant's desire to be issued an Honorable
Discharge Certificate from the Armed Forces of the United States of
America, dated 10 November 1969, to reflect the highest rank he held and to
match the corrected discharge certificate provided to him by the CTARNG.
However, the Honorable Discharge Certificate provided to him by the Army
Review Boards Agency Support Division, which shows his rank as Specialist
Four, was properly prepared.  He had accepted two administrative reductions
in rank to accept assignment in existing position vacancies.  There were no
regulatory provisions to restore him to his former rank prior to his
discharge and he was separated in the rank of Specialist Four.
Unfortunately, there is no error to correct.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mdm___  __kah___  __rd____  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.




            __Mark D. Manning_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103010                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040914                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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