MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            21 April 1999
	DOCKET NUMBER:   AR1999022082

	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	
	Ms. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Gary F. Geraets		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:  In effect, that her DD Form 214 (Report of Transfer or Discharge) with an effective date of 8 October 1970 be corrected to show her date of rank as 18 August 1969 instead of 18 August 1970.   

APPLICANT STATES:  In effect, that her date of rank is incorrect on the
DD Form 214.  In support of her application, she submits copies of two
DD Forms 214 and one DD Form 215 (Correction to DD Form 214).    

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

She enlisted in the USAR for the purpose of participation in the Army Student Nurse Program on 11 July 1968 for a period of 4 years.  On 17 August 1969, she was honorably discharged in the pay grade of E-3 to accept a commission.  On 18 August 1969 she was commissioned a second lieutenant and was promoted to first lieutenant on 18 August 1970.  On 8 October 1971, she was honorably discharged in the rank of first lieutenant under the provisions of Army Regulation 635-200, chapter 7, for pregnancy.   

The applicant’s DD Form 214 with an effective date of 8 October 1970 shows her date of rank as 18 August 1970.

Evidence of record shows that a DD Form 215 was issued on 5 September 1972 correcting item 11d (Effective Date) to show “8 October 1971”.

U. S. Army Medical Command, Special Orders Number 230, dated 18 August 1970, show the applicant was promoted to first lieutenant effective that date.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In states, in pertinent part, that the active duty grade of rank and pay grade at the time of separation will be entered on the DD Form 214.   

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.  Notwithstanding the applicant’s contention that her date of rank should be 
18 August 1969 instead of 18 August 1970, the evidence of record shows that she was commissioned a second lieutenant on 18 August 1969 and promoted to first lieutenant on 18 August 1970.  The evidence of record also shows that she was honorably discharged on 8 October 1971 in the rank of first lieutenant.  Therefore, the date of rank is correctly displayed on the applicant’s DD Form 214 with an effective date of 8 October 1970 (corrected by DD Form 215).

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

__cmf ___  __gg ___  __sk  ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022082	
SUFFIX		
RECON		
DATE BOARDED	1999/04/21	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1971/10/08	
DISCHARGE AUTHORITY	AR 635-200 CHAPTER 7	
DISCHARGE REASON	PREGNANCY	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.000	
2.		
3.		
4.		
5.		
6.