MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  31 October 2000
	DOCKET NUMBER:  AR2000041197

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge		Chairperson	
	Ms. Brenda F. Hirschi		Member	
	Mr. Allen L. Raub		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:  Correction to his pay grade on his separation document (DD Form 214) to show sergeant (E-5).

APPLICANT STATES:  In effect, that he was promoted to E-5 on 15 December 1995.  He further states he discovered the error in August 1996 when he enlisted in the Reserve.  He submits a copy of his DD Form 214 and promotion orders dated 15 December 1995 in support of his request.

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

He enlisted in the Regular Army as a private (E-3) on 9 September 1992.

Promotion orders show he was promoted to pay grade E-5 on 15 December 1995.

He was reduced to pay grade specialist (E-4) on 26 June 1996, and this was his highest grade held until his separation.

He was discharged on 8 September 1996 and transferred to the USAR Control Group (Reinforcement) in pay grade E-4.

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 view of the circumstances in this case, the applicant is not entitled to correction to his pay grade on his separation document.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  His contentions have been noted by the Board; however, they are not sufficiently supported by his records, his application or the evidence of record.  

3.  He was properly separated in pay grade E-4 and he has not shown otherwise.

4.  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 this 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

__ea___  __bh___  __ar____  DENY APPLICATION

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

INDEX

CASE ID	AR20000441197	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001031	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.