MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 June 2000
	DOCKET NUMBER:   AR2000037809

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Roger Able		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 he be advanced on the permanent disability retired list (PDRL) to the pay grade of E-6.

APPLICANT STATES:  That on or about 27 December 1964, he was verbally promoted from the pay grade of E-5 to the pay grade of E-6 by the company commander.  He states that he was hospitalized in late 1964 and placed on the temporary disability retired list (TDRL) on 1 October 1965.  In support of his appeal, he submits a telephone number of an individual who he contends has knowledge of his verbal promotion.

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

On 20 December 1961, he enlisted in the Army for 3 years in the pay grade of 
E-1.  He successfully completed his training as a light weapons infantryman.  He was promoted to the pay grade of E-2 on 20 April 1962, to E-3 on 27 August 1962, and to E-4 on 22 July 1963.  On 25 May 1964, he was temporarily promoted to the pay grade of E-5.

In late 1964, while on convalescent leave, the applicant was struck by a car causing severe injury as well as severe long bone fractures.  He was initially treated at Womack Army Hospital at Fort Bragg, North Carolina and on 1 April 1965 he was transferred to Brooke Army Medical Center at Fort Sam Houston, Texas.  On 25 May 1965, he was permanently promoted to the pay grade of E-5.

A Physical Evaluation Board (PEB) convened on 12 August 1965, and determined that the applicant was physically unfit to perform his duties as a result of his injuries.  The PEB recommended that he be retired by reason of temporary physical disability and placed on the TDRL.  The applicant concurred with the PEB’s recommendation.  

Accordingly, he was honorably discharged from the Army on 1 October 1965 and he was placed on the TDRL in the pay grade of E-4 on 2 October 1965.  He had completed 3 years, 9 months and 12 days of total active service.

On 31January 1970, the applicant was removed from the TDRL and placed on the PDRL in the pay grade of E-5 effective 1 February 1970.

A review of the records fails to reveal orders promoting the applicant to the pay grade of E-6.  Further review of the applicant’s records fails to show that he ever held an E-6 position.

Title 10, United States Code, provides, in pertinent part, that any member of an armed force who is retired for disability will be placed on the Retired list in the grade in which they are serving on the date they are placed on the Retired list or the highest temporary grade in which they satisfactorily served, as determined by the Secretary of the Army or his designated representative.  The determination is made at the time the individual is placed on the Retired list.

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’s contentions have been noted by the Board.  However, this Board is not an investigative body and the applicant has not submitted any tangible evidence in support of his contentions.  The evidence of record clearly shows that he was promoted to the pay grade of E-5 on 25 May 1965 and he was properly retired in that pay grade.  

3.  There is no evidence of record nor has the applicant submitted any evidence that shows that orders were ever published promoting him to the pay grade of 
E-6 or that he ever served in the pay grade of E-6 prior his retirement on 1 October 1965.

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

___ls ___  ___ao___  ___ra ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000037809	
SUFFIX		
RECON		
DATE BOARDED	2000/06/22	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  310	131.0000	
2.  319	131.0900	
3.		
4.		
5.		
6.