MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            20 June 2000
	DOCKET NUMBER:   AR2000039218

	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. Van B. Cunningham		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ernest W. Lutz, Jr.		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 retired list to the pay grade of E-5.

APPLICANT STATES:  That the orders promoting him to the pay grade of E-5 were held back because of his injuries.  He states that he held an E-5 position a number of months before he was hospitalized in Vietnam.  He further states that, while he was hospitalized, his captain told him that his promotion orders were kept back due to his injuries and that he would go to Saigon to try to get the orders.  He continues by stating that his records disappeared and it was only a few years ago that the records reappeared.  He concludes by stating that he has recently contacted his first sergeant and he can verify his story.

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

On 29 August 1966, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a field artilleryman.  

He was promoted to the pay grade of E-2 on 29 December 1966, and to the pay grade of E-3 on 16 March 1967.  On 3 December 1967, he was transferred to Vietnam.  He was temporarily promoted to the pay grade of E-4 on 20 January 1968.

On 17 September 1968, the applicant sustained fragment wounds to his abdomen and chest as a result of hostile action.  

An informal Physical Evaluation Board (PEB) convened on 17 March 1969 and determined that the applicant was physically unfit to perform his duties as a result of the injuries he received as a result of armed conflict.  The PEB recommended that the applicant be retired by reason of temporary physical disability.  On 16 April 1969, the applicant concurred with the recommendation and waived his right to a formal hearing of his case. 

Accordingly, he was retired by reason of temporary physical disability in the pay grade of E-4 on 23 April 1969.  He had completed 2 years, 7 months and 25 days of total active service.

A review of the records fails to reveal orders promoting the applicant to the pay grade of E-5.  Further review of the applicant’s records fails to show that he ever held an E-5 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, they are unsupported by the evidence of record.  The evidence of record clearly shows that he was temporarily promoted to the pay grade of E-4 on 20 January 1968 and he was properly retired in that pay grade.  

3.  There is no evidence of record that shows that orders were ever published promoting him to the pay grade of E-5 or that he ever served in the pay grade of E-5 prior his retirement on 23 April 1969.

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

___ja ___  __ewl ___  __vbc___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039218	
SUFFIX		
RECON		
DATE BOARDED	2000/06/20	
TYPE OF DISCHARGE	NA	
DATE OF DISCHARGE	NA	
DISCHARGE AUTHORITY	NA	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  310	131.0000	
2.  319	131.0900	
3.		
4.		
5.		
6.