MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  25 August 1999
	DOCKET NUMBER:   AR1999020417

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Lester Echols		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 promoted to pay grade E-6 prior to his separation from active duty.

APPLICANT STATES:  That according to his commander he was supposed to be an E-6.  He submits no documentation in support of his request.

COUNSEL CONTENDS:  That the applicant receive all due consideration of his request.

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

He was inducted and entered active duty on 5 March 1968.  He was promoted to grade E-4 effective 14 March 1969.  He was promoted to grade E-5 effective 4 November 1969.  There is no evidence of record to show that he was ever recommended, considered, or selected for promotion to grade E-6.  He was separated from active duty and transferred to the USAR effective 4 March 1970.  He had 2 years creditable service and his grade is shown as E-5.

Army Regulation 600-200 provides for the promotion of enlisted personnel.  The regulation in effect at the time provided that promotion to E-6 required a minimum of 5 years time in service and 10 months in the lower grade.  A waiver of 2 years time in service was permissible.

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.  At the time of the applicant’s separation from active duty he had 2 years time in service and 4 months in grade as an E-5.  This was 6 months time in grade and 1 year time in service short of the minimum necessary for consideration.

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 the aforementioned 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

__LS__  ___AR____  ___LE___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999020417	
SUFFIX		
RECON		
DATE BOARDED	19990825	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.09	
2.		
3.		
4.		
5.		
6.