MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:           6 February 2001                   
	DOCKET NUMBER:   AR2000042147

	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. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr. 		Chairperson	
	Mr. Walter T. Morrison 		Member	
	Mr. Thomas Lanyi 		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, correction of his separation documents to show that his rank was specialist, pay grade E-5 at the time of separation from active duty on 4 February 1972.  

APPLICANT STATES:  In essence, that he was promoted after he was separated from active duty.  He submits a copy of his promotion order (Fort McClellan), a DD Form 214 (Armed Forces of the United States-Record of Transfer or Discharge), a DD Form 1725 (Certificate of Appreciation For Service in the Armed Forces of the United States), and a DA Form 3522 (Department of the Army-Certificate of Appreciation).

EVIDENCE OF RECORD:  The applicant's military records are not available to the Board.  The following information is based on documentation he submitted with his application.  

The applicant enlisted for 3 years on 3 November 1969.  He was trained in military occupational specialty (MOS) 71B (Clerk Typist).  He served for 
18 months in Okinawa.  He was then returned to Fort McClellan.  

On 4 February 1972, the applicant was honorably separated from active duty and was transferred to an Army National Guard Unit in Alabama.  The reason and authority for his separation was for the convenience of the Army as determined by the Secretary of the Army.  He was qualified for immediate reenlistment.  His rank at the time of separation was specialist, pay grade E-4.  He had no lost time. His awards and decorations included the National Defense Service Medal, a Meritorious Unit Commendation and the Sharpshooter Badge (Rifle).  

At the time of separation, he was also issued two certificates of appreciation.  The first was the DD Form 1725, signed by the President of the United States.  It recognized his honorable service and was issued with his rank shown as "SPECIALIST 4."  The second certificate, DA Form 3522, signed by the Chief of Staff of the Army likewise recognized his honorable service.  It too was issued with the rank of "SPECIALIST 4" shown.  

On 19 June 1972, an extract of Special Orders Number 126, paragraph 23, was issued by the US Army School/Training Center, Fort McClellan, announcing that the applicant was promoted to the rank of specialist 5, pay grade E-5, in MOS 71L (Administrative Specialist), effective 20 January 1972.  Army Regulation 
600-200, chapter 7, and a Third United States Army letter, dated 11 January 1972 and the "Verbal Orders" of his commanding officer were cited as the authority for the promotion.  The distribution scheme on the order indicates that five copies are to be provided to the "Indiv conc," but the name shown is different than that of the applicant.  

Army Regulation 600-200, at chapter 7, section III, then in effect, provided, in pertinent part, the requirements for promotion of soldiers to pay grades E-5 and E-6.  The soldier had to first be recommended by his or her commander for promotion.  After appearing before a local promotion board, the soldier would be awarded a number of promotion points.  The soldier's name would then be integrated into a local standing promotion list by MOS and the total number of promotion points awarded.  The promotion points would become effective on the first day of the third month after the month in which the soldier was selected.  The Department of the Army (DA) would announce promotion point cutoff scores each month, by MOS and grade, based on the needs of the Army.  If the soldier met or exceeded the announced DA promotion point cutoff score, the local command would issue unit promotion orders effective the first day of the month for which the promotion point cutoff score was announced.  Further, the solider had to be in a promotable status, not pending disciplinary action or other unfavorable actions.   

Normally, the effective date of the promotion would be the date of the order, or some date in the future.  The Army Finance Center, then responsible for payment of members of the Army, required action by this Board to validate the back-dating of the effective date of promotion orders.  

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, in this case, has failed to submit evidence that would satisfy this requirement.

2.  The Board can find no evidence that the applicant was eligible for a retroactive promotion to the rank of specialist five, pay grade E-5 on 
19 June 1972, particularly after he had already been separated from active duty.  Further, the Board can find no evidence that he was in a promotable status on 
20 January 1972.  

3.  Therefore, in the absence of evidence that he was fully qualified for promotion, and in the absence of a promotion packet, the Board is not convinced that the applicant was entitled to be promoted to the rank of specialist five on 
20 January 1972.  

4.  Accordingly, no action is warranted on correcting the DD Form 214 as requested by the applicant, nor to correct the other separation documents, to include the certificates of appreciation issued at the time of separation.  

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

__rvo____  __wtm__  __tl_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000042147	
SUFFIX		
RECON		
DATE BOARDED	20010206	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19720204	
DISCHARGE AUTHORITY	AR635-200, Chapter 5	
DISCHARGE REASON	A12.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	131.04	
2.	131.05	
3.	110.03	
4.		
5.		
6.