MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 November 1998                   
	DOCKET NUMBER:   AC98-11880

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Ms. June Hajjar		Member	
	Mr. Thomas D. Howard, Jr.		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 he was promoted to Specialist Five E-5 while in the hospital and that he was an E-5 when he separated.  He would also like his original certificate of discharge.

APPLICANT STATES:  His promotion was due him before he went into the hospital.  His promotion was in his file and he received his promotion to E-5.

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

He enlisted in the Regular Army on 23 May 1967.  He was promoted to Specialist Four (SP4) E-4 on 18 June 1968.

On 9 November 1969 the applicant injured his back while on a funeral detail.  On 29 November 1969 he was operated on for removal of a herniated disk.

On 3 February 1970, an informal Physical Evaluation Board (PEB) found him unfit for further service and recommended his separation with severance pay.  The DA Form 199, Physical Evaluation Board Proceedings, shows his grade of rank as SP4.

On 16 June 1970, the applicant was discharged, with severance pay, in pay grade E-4.  The applicant signed his DD Form 214.

On 4 August 1997, the National Personnel Records Center (NPRC) replied to the applicant that an original discharge certificate was prepared and forwarded to him on 26 October 1978, that discharge certificates are issued in the original only and copies cannot be furnished, and that any substitute certificate would show a final rating of SP4 E-4.

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.  There is no evidence of record to show the applicant was promoted to Specialist Five E-5 prior to his separation and he has not supplied any.  The applicant states he was promoted while in the hospital (in November/December 1969) yet the DA Form 199 dated 3 February 1970 and the orders dated          10 February 1970 assigning him to his home of record awaiting final disposition show him as a SP4.  His DD Form 214 shows his grade of rank as SP4 E-4 and he signed that form.

3.  If the applicant still desires a substitute discharge certificate, he should request one from the NPRC with the understanding that it will show his separation grade as SP4.

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

JEV_____  JH______  TDH_____  DENY APPLICATION

						Loren G. Harrell
						Director