MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 January 2000                   
	DOCKET NUMBER:   AR1999026377

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Mr. John D. Miller		Member	
	Mr. James M. Alward		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 DD Form 214 be corrected to show his grade as E-5.

APPLICANT STATES:  That he took and passed the examination for E-5 and then left the Army before the record could reflect the change in his pay grade.
He provides his DD Form 214, a promotion recommendation list and cover memorandum dated 15 September 1971, and a DA Form 3078 as supporting evidence.  

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

He enlisted in the Regular Army on 17 February 1970.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11D (Army Reconnaissance Specialist).  

The applicant was assigned to Vietnam on 21 November 1970.  He was placed on a recommendation list for promotion to E-5 on 22 August 1971 in MOS 11D.  The list was approved and on 15 September 1971 it was distributed to units in the regiment.

DA Form 137, Installation Clearance Record was prepared for the applicant on 16 September 1971 and shows his rank as Specialist Four (SP4).  He departed Vietnam on 17 September 1971.  Separation orders dated 21 September 1971 show his rank as SP4.  DA Form 664, Serviceman’s Statement Concerning Application for Compensation from the Veterans Administration, dated                22 September 1971 and on which he printed his name and rank, shows his rank as SP4.  

The DA Form 3078 provided by the applicant, dated 21 September 1971, shows his grade as E-4, overwritten to E-5.

On 22 September 1971, the applicant was released from active duty.  His DD Form 214 shows his rank and grade as SP4, E-4.

Army Regulation 600-200, in effect at the time, prescribed policies pertaining to career management of Army enlisted personnel, to include enlisted promotions.  Chapter 7 provided that once a recommended list was approved by the promotion authority the list would be published and posted on appropriate unit bulletin boards.  Promotion would be made from approved recommended lists by order of merit listing for a given grade and MOS as vacancies occurred and quotas were received.

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.  The applicant was recommended for promotion to E-5 on 22 August 1971.  The promotion recommendation list was approved by the promotion authority sometime between 22 August 1971 and 15 September 1971.  It was published and distributed to subordinate units on 15 September 1971.  The applicant departed the unit on 17 September and separated on 22 September 1971.  The Board concludes it was unlikely that a vacancy occurred and a quota was received for his particular MOS in that space of time.  

3.  In addition, all supporting evidence of record shows that the applicant was a SP4 at the time of his separation.  The DA Form 3078 provided shows the grade was overwritten from E-4 to E-5 for an unknown reason, possibly because the applicant was made an acting sergeant at the Separation and Transfer Point.

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

__ejo___  __jdm___  __jma___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999026377	
SUFFIX		
RECON		
DATE BOARDED	20000105	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.