MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            7 June 2000
	DOCKET NUMBER:   AR2000036786

	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. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. James P. Steuve		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 he be granted a promotion to specialist/E-4 (SP4).

APPLICANT STATES:  In effect, that he was a good soldier who received a promotion to private first class/E-3 upon his graduation from airborne school.  He claims to have gone before a promotion board for SP4, which he passed, but never received his promotion.  

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

On 9 June 1970, the applicant was inducted into the Army of the United States for 2 years.  He successfully completed basic training and advanced individual training (AIT) at Fort Ord, California.  Upon completion of AIT he was awarded military occupational specialty 11B (Infantryman) and he was assigned to Fort Benning, Georgia to attend the basic airborne course.  

On 20 November 1970, he completed the basic airborne course and was awarded the special qualification identifier of P (Parachutist).  He was then assigned to Fort Bragg, North Carolina for his first permanent duty station, where he served until his separation in January 1972.

Block 33 (appointments and reductions), of the applicant’s Department of the Army (DA) Form 20 (Enlisted Qualification Record), shows that he was promoted to private/E-2 (PV2) on 9 October 1970 and to private first class/E-3 (PFC) on 
22 March 1971.  There is no indication on the applicant’s DA Form 20 that he was ever advanced beyond the rank of PFC.  In addition, the applicant’s Military Personnel Records Jacket (MPRJ) contains no documents that show that the applicant was ever recommended for or promoted beyond the rank of PFC.

The evidence of record includes a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), issued to and signed by the applicant on the date of his separation.  This documents shows that on 21 January 1971, the applicant was honorably released from active duty, in the rank of PFC, after completing 1 year, 7 months, and 21 days of active military service. 

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.  The Board noted the applicant’s contention that he should have received a promotion to the rank of SP4 prior to his separation from the Army.  However, after carefully examining the evidence of record and the independent evidence submitted by the applicant, the Board found no facts to support this claim.

2.  The applicant’s qualification record and MPRJ contains no information to substantiate that the applicant was ever considered or recommended for promotion to SP4.  His record of promotions indicate that he was advanced to PV2 while in AIT and to PFC while assigned to Fort Bragg.  Further, the record contains no evidence to show that the applicant ever served in rank higher than PFC while on active duty.  Therefore, the Board found no basis for granting the relief requested by the applicant.

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.

5.  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

__esc___  __jps ___  __mkp___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000036786	
SUFFIX		
RECON		
DATE BOARDED	2000/06/07	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 319	131.0900	
2.		
3.		
4.		
5.		
6.