MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 October 2000
	DOCKET NUMBER:   AR2000041741

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Linda D. Simmons		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 Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to show that he was promoted to the pay grade of E-5 instead of showing his pay grade as E-4.  He also requests that the Presidential Unit Citation (PUC) or other awards be reflected on his DD Form 214.

APPLICANT STATES:  That he was promoted to the pay grade of E-5 on 15 July 1992 and that his DD Form 214 shows his pay grade as E-4.  He further states, in effect, that he served at the United States Army Medical Research Institute of Infectious Diseases (USAMRIID) from January 1989 through August 1989 and he doesn’t have his PUC or other related awards.

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

He was honorably discharged from the Navy on 25 February 1988 after he completed 6 years and 1 month of total active service.

On 18 August 1988, he enlisted in the Army for 4 years in the pay grade of E-4.  He successfully completed his training as a medical specialist and he was assigned to the USAMRIID on 27 March 1989 for an indefinite period of time.

His awards include the National Defense Service Medal, the Army Commendation Medal, the Army Good Conduct Medal, the Army Achievement Medal, the Naval Unit Commendation, the Sea Service Ribbon, the Navy Expeditionary Medal, the Rifle Qualification Badge (Expert - M16), the Hand Grenade Qualification Badge, the Enlisted Aviation Warfare Specialist Badge, the Army Service Ribbon and the Noncommissioned Officer Professional Development Ribbon.

A review of the records shows that the applicant was evaluated for promotion four times between October 1989 and September 1991.  On 18  April 1991, orders were published promoting him to the pay grade of E-5.  However, the promotion orders were revoked on 2 May 1991 and there is no evidence of record that shows that he was ever promoted back to the pay grade of E-5.

Further review of the records shows that he was awarded the Army Commendation Medal (ARCOM) for meritorious service in support of Operation Desert Shield/Desert Storm for the period covering 8 August 1990 through 27 February 1991.  He was also awarded the Army Achievement Medal (AAM) on 11 June 1991 for meritorious achievement while assigned to the USAMRIID.  However, there is no evidence of record that shows that the USAMRIID was awarded the PUC during the period of the applicant’s assignment.

The applicant was honorably discharged on 17 August 1992, at the expiration of his term of service.  He had completed 10 years and 1 month of total active service.

Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation is awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941.  The unit must display such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions as to set it apart from and above other units participating in the same campaign.  The degree of heroism required is the same as that which would warrant award of a Distinguished Service Cross to an individual.  Extended periods of combat duty or participation in a large number of operational missions, with ground or air are not sufficient.  This award will normally be earned by units, which have participated in single or successive actions covering relatively brief time spans.  It is not reasonable to presume that entire units can sustain Distinguished Service Cross performance for extended periods except under the most unusual circumstances.  Only on rare occasions will a unit larger than a battalion qualify for award of this decoration.

Army Regulation 600-200, paragraph 7-21 provides, in pertinent part, that the number of Promotion Point Worksheets (DA Form 3355) filed in the Military Personnel Records Jacket (MPRJ) pending selection action will be limited to three until the soldier is promoted.  All DA Forms 3355 no longer required for filing in the MPRJ will be removed and given to the soldier.  The Personnel Servicing Center will purge promotion packets as reevaluation and recomputations are completed.

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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  The evidence of record clearly shows that orders were published on 18 April 1991 promoting the applicant to the pay grade of E-5.  However, those orders were revoked on 2 May 1991.  There is no evidence of record to support his contention that he was promoted to E-5 prior to his discharge on 17 August 1992.  Therefore, his DD Form 214 is correct as currently reflected.

3.  The records also reflect that the applicant was awarded the ARCOM for meritorious service and the AAM for meritorious achievement while assigned to the USAMRIID for service in support of Operation Desert Shield/Desert Storm.  There is no evidence of record, nor has the applicant submitted any evidence that shows that his unit was ever awarded the PUC and his DD Form 214 appropriately reflects the decorations to which he was entitled.

4.  The Board notes that it is standard procedure to remove promotion packets from the records and return them to the individual concerned once a soldier has been promoted.  Inasmuch as the applicant’s promotion packets are still in his records, it is reasonable to presume that he did not qualify for promotion to the next higher grade prior to his discharge.

5.  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.

6.  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

___be___  ___rvo __  __lds____  DENY APPLICATION

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

INDEX

CASE ID	AR2000041741	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/10/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  77	107.0031	
3.  310	131.0000	
4.		
5.		
6.