MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:      AC98-10887
                                                 AR1998009872

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Ms. Margaret V. Thompson		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 rank be corrected from specialist four (Sp4) to specialist five (Sp5).

APPLICANT STATES:  That his military record is not correct.  He received orders for the rank of Sp5 prior to his discharge but he was never able to take advantage of the promotion because of a nervous breakdown.

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

He was inducted on 28 September 1965, received training as a light weapons infantryman, was promoted to Sp4 on 27 October 1966 and served 9 months with the 2nd Infantry Division in Korea.  He was honorably discharged upon expiration of his term of service on 29 September 1967.  Upon discharge from active duty, he was transferred to the USAR to complete his military service obligation.  On 27 September 1971 he was discharged from the USAR in the grade of Sp4 by reason of expiration of term of service.

The applicant’s records contain no evidence to show that he was ever promoted to or recommended for promotion to the grade of Sp5 during his active duty or USAR service.

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 record contains no evidence and the applicant has presented no evidence to support his contention that he was promoted to the grade of Sp5.

2.  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 this requirement.

3.  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

_TNK____  _WTM __  _MVT___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-10887/AR1998009872	
SUFFIX		
RECON	NO	
DATE BOARDED	19990113	
TYPE OF DISCHARGE	NA	
DATE OF DISCHARGE	NA	
DISCHARGE AUTHORITY	NA	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	102.02	
2.	129.05	
3.		
4.		
5.		
6.