MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            13 May 1999                  
	DOCKET NUMBER:   AR1998013693

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Samuel Caldron		Member	
	Mr. Kenneth L. Wright		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 records be corrected to show that he was advanced to pay grade E-4 and back pay.

APPLICANT STATES: That he was flagged for being overweight, which was never lifted.  He failed a physical training test, which was voided based on his permanent physical profile.  He provides copies of a 29 January 1996 P-2 physical profile; a 15 May 1996 P-3 physical profile; a 28 June 1996 P-3 physical profile; a 14 June 1996 memorandum of assignment to the Medical Holding Company, which indicates he was unable to perform duty at unit; a Personnel Action, dated 24 June 1996, assigning him to the Medical Holding Company; a note from the applicant to his First Sergeant advising him that he passed his body fat content on 22 January 1996; an Army Physical Fitness Test Score card; a Body Fat Content Worksheet, dated 11 January 1996; a 1996 Pay Chart; and, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), which are attached.

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

During the period 10 June to 20 September 1994, the applicant served in the Army Reserve Delayed Enlistment Program.

On 21 September 1994, he enlisted in the Regular Army.  He completed his required training and was awarded military occupational specialty (MOS) 63B (Light Vehicle Mechanic).  He was advanced to pay grade E-3, effective            21 October 1995.

On 6 May 1996, a Medical Evaluation Board was initiated based on the applicant’s asthma and severe allergies.

On 17 June 1996, a physical profile was issued which precluded the applicant from working around fumes and gases.  This precluded the applicant from being able to perform the duties of his MOS.

On 3 December 1996, the applicant was separated, with an Honorable Discharge Certificate, under Army Regulation 635-40, based on a physical disability and awarded severance pay in the amount of $4,399.  His Report of Separation indicates he had 2 years, 2 months and 13 days of creditable service. 

Army Regulation 600-200 (Enlisted Personnel Management System), indicates, in pertinent part, that “commanders may, without constraint, advance soldiers who have 26 months in service in their primary MOS, only.”  Further, “soldiers will be recommended for promotion only after they develop skills and ability to perform duties and assume responsibilities of the higher grade.  Those with great potential for leadership or increased technical skill in their fields of specialization will be recognized.” 
Army Regulation 40-501, paragraph 3-3b(1), as amended, provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating. 

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.  There is no evidence in the available records to indicate the applicant’s unit commander ever recommended his advancement to pay grade E-4.  Promotion to pay grade is neither automatic nor mandatory. 

2.  During his period of active duty, he was only eligible for recommendation for advancement, without a waiver of time in service requirements, for 13 days.

3.  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.

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

RVO____  SC______  KLW____ DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013693	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 May 13	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.131	Promotion to E-4	
2.		
3.		
4.		
5.		
6.