MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           30 December 1998                   
	DOCKET NUMBER:   AC98-08393

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Theodore Heartley		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Sherri V. Ward 		Member	
	Mr. Van B. Cunningham		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his DD Form 214, separation document, be corrected to show his rank as sergeant (SGT)(E-5) in block 5 and 7 weeks of military police school and 8 weeks of correctional officer school in block 25.

APPLICANT STATES:  That his DD Form 214 incorrectly shows his rank as specialist (E-4), 
8 weeks of military police school and 4 weeks of correctional officer school.

In support of his request, he submitted a copy of DA Form 31, request and authority for leave.

EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted in the Army on 25 March 1970 for a period of 24 months.

His DA Form 20, enlisted qualification record, shows that he successfully completed his basic combat training at Fort Campbell, Kentucky.  This document contains an entry showing that on 1 June 1970, he attended military police training for 8 weeks.  

A certificate of training, contained in his records, shows that he attended the correctional specialist course from 27 July 1970 to 21 August 1970.  An entry on his DA Form 20 shows that the correctional specialist course was 4 weeks.

An order issued by the 532nd Military Police Company, Fort Dix, New Jersey, contained in his records, shows that he was promoted to the rank of specialist four (SP4) on 16 December 1970.

An order issued by the 532nd Military Police Company, Fort Dix, New Jersey, contained in his records, shows that he was appointed to the rank of acting sergeant (E-5) on 16 June 1971 under the authority of Army Regulation 600-200, paragraph 7-10.

Army Regulation 600-200 pertains to the enlisted personnel management system.  Paragraph 7-10 states, in effect and in pertinent part, that a commander may appoint qualified individuals as acting corporals, E-4, or acting sergeants, E-5, to serve in existing position vacancies including those resulting from the temporary absence of the assigned non commissioned officers (NCO).  However, acting NCOs are not entitled to pay and allowances for such higher grades and service will not be credited as time in a higher grade for promotion or date of rank purposes. 

A DA Form 31, submitted by the applicant, shows that on 9 November 1971, he was granted 
7 days administrative leave by his brigade commander, a colonel.  Block 2 of this document shows his full name, SSN and rank as SGT.

There is no order contained in his records showing that he was promoted to SGT E-5.

His DD form 214 shows that on 24 November 1971, he was released from active duty and transferred to the USAR Control Group (Annual Training) under the authority of Army Regulation 635-200.  The character of his service was honorable.  Block 5a shows his rank as SP4 and block 5b as E-4.  Block 25 indicated that in 1970, he completed 8 weeks of military police training in military occupational specialty (MOS) 95B skill level 10; and that also in 1970, he completed the 4 week correctional specialist course in MOS 95C, skill level 20.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s contention that his DD Form 214 is erroneous lacks merit when the evidence of record is considered.

2.  On the date of his separation, he held the rank of specialist, E-4, even though he had been previously appointed to the rank of acting sergeant, E-5, and performing those duties.  His DD Form 214 correctly shows his rank as specialist E-4. 

3.  Also, his DD Form 214 correctly shows his training in military police school for 8 weeks and correctional specialist course for 4 weeks.  There is nothing in the evidence of record or in the evidence submitted by him to indicate otherwise.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence which would satisfy the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.