MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            6 January 1999          
	DOCKET NUMBER:   AC98-10758
				   AR1998014486

	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.  The following members, a quorum, were present:

	Mr.	Thomas D. Howard, Jr.		Chairperson	
	Mr.	Luther L. Santiful		Member	
	Mr.	Curtis W. Barbee		Member	

	Also present, without vote, were:

	Mr.	Loren G. Harrell		Director	
	Ms.	Deyon D. Battle		Analyst	

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

	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:  In effect, that his records be corrected to show that he was promoted to the pay grade of E-3 after completing his basic training.

APPLICANT STATES:  That he entered the Army under the Delayed Entry Program (DEP).  He further states that he was informed, in writing, that once he completed basic combat training (BCT) he would be promoted to the pay grade of E-3 as along as he completed 2 years of vocational school.  He concludes by stating that he should have been enlisted in the pay grade of E-3 because he never went to Advanced Individual Training and when he reported to his permanent assignment his orders read accelerated promotion to E-4/E-5.  In support of his appeal, he submits a copy of a certificate of completion in a Culinary Food Grades Program from a vocational technical center, dated June 1986.

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

On 13 October 1985, he enlisted in the USAR under the Delayed Entry Program in the pay grade of E-1.  On 11 July 1986, he enlisted in the Army for 3 years in the pay grade of E-2 under the provisions of Army Regulation 601-210, paragraph 7–10c. 

He successfully completed his basic training and was transferred to Fort Stewart, Georgia for duty as a cook.  His orders contained special instructions indicating that he would be awarded the military occupational specialty (MOS) of a cook (94B10) upon successful completion of 8 weeks of proficiency in the MOS and that because it was a civilian acquired skill assignment, he would be considered for accelerated appointment. 

A Medical Evaluation Board (MEB) convened on 3 December 1986, to determine the applicant’s fitness for retention on active duty.  The MEB diagnosed the applicant as having schizophrinoform disorder, acute, moderate; manifested by paranoid delusions, delusions of control, delusions of reference, thought broadcasting, grandiosity, loosening of associations, illogical thinking, blunted affect, disorganized behavior, capgrasphenomenon, and questionable auditory hallucinations.  The MEB found him to be unfit for further military duty and they recommended that he be referred to a Physical Evaluation Board (PEB). 

On 5 December 1986, a PEB convened and diagnosed the applicant as having psychosis, schizophreniform disorder with a definite impairment of social and industrial adaptability.  The PEB determined the applicant to be physically unfit for further military service with a combined rating of 30 percent.  The PEB further recommended that he be placed on the Temporary Disability Retired List (TDRL) with a disability rating of 30%.
Accordingly on 23 February 1987, the applicant was honorably retired by reason of physical disability and he was placed on the TDRL.  He had completed 7 months and 13 days of total active service.  He was placed on the Permanent Disability Retired List on 7 April 1989 with a disability rating of 50%. 

A review of the records fail to show that the applicant was ever informed that he would be promoted to the pay grade of E-3 after he completed his BCT or that orders were ever published for an accelerated promotion.

A review of the certificate provided by the applicant showing his completion of the Culinary Food Trades Program fails to reveal an exact date of completion or the period of the course.

Army Regulation 601-210, paragraph 7-10c, then in effect, provided, in effect, that individuals with civilian acquired skills may enlist in the pay grade of E-2 and may be given an accelerated advancement to the pay grades of E-3 and E-4 upon completion of basic training and any other training required by the MOS in which they enlisted for, provided the unit commander or training center commander approves the accelerated advancement.  Qualification for accelerated advancement to the pay grade of E-3 and subsequent advancement to the pay grade of E-4 in MOS 94B required completion of basic training, satisfactory completion of demonstrated job performance for a period of 8 weeks, and approval by the appropriate commander.  

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. 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 that would satisfy the aforementioned requirement.

2.  The applicant’s contentions have been noted by the Board.  However, they are not supported by the evidence of record.  He was properly enlisted on 11 July 1986, in the pay grade of E-2.  In December 1986, he underwent a MEB and a PEB and he was found to be unfit for retention on active duty.  There is no evidence to show that he was ever recommended for an accelerated promotion prior to his discharge by reason of physical disability.

3.  The applicant had a contract to enlist him in the pay grade of E-2 which was honored.  He subsequently received orders directing that he be considered for accelerated advancement to the next pay grade based on his civilian acquired skills.  The applicant has failed to show that he demonstrated the skills necessary to qualify for accelerated advancement and/or that he was unjustly denied consideration for advancement.

4.  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

___tdh__  ___lls_____  ____cwb_  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-10758/AR19998014486	
SUFFIX		
RECON	 	
DATE BOARDED	1999/01/06	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  131.00		
2.		
3.		
4.		
5.		
6.