MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 October 2000                   
	DOCKET NUMBER:   AR2000044128

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Ms. Carol Jo Suiter		Member	
	Mr. John E. Denning		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, that his Report of Separation from Active Duty, DD Form 214, be corrected to show he separated in the rank and grade of Specialist Four (SP4), E-4.

APPLICANT STATES:  That his retirement certificate correctly shows his rank as SP4 but his DD Form 214 shows Private First Class (PFC), E-3.

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

He enlisted in the Regular Army on 4 October 1972.  He was promoted to SP4, E-4 on 7 November 1973.

On 8 April 1974, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for being absent without leave.  His punishment was to be reduced to PFC, to forfeit $91.00 pay, and to be restricted and perform extra duty for 14 days.

On 18 December 1974, a Physical Evaluation Board (PEB) determined the applicant was physically unfit and recommended he be placed on the Temporary Disability Retired List (TDRL).  On 13 January 1975, a grade determination was completed and the applicant was approved for retirement in the grade of E-4.  His DD Form 214, for the period ending 3 February 1975, shows his rank and grade as PFC, E-3.  On 4 February 1975, the applicant was placed on the TDRL in the rank and grade of SP4, E-4.

On 14 December 1976, a PEB reevaluation recommended the applicant be permanently retired.  On 28 February 1977, he was removed from the TDRL and permanently retired on 1 March 1977 in the rank and grade of SP4, E-4.

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

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 this requirement.
2.  The applicant’s DD Form 214 is a record of his active Army service.  The grade determination determined that he would be placed on the retired list in the rank and grade of SP4, E-4.  He was not placed on the TDRL until 4 February 1975.  On 3 February 1975, the ending period of the DD Form 214 and his last day of active duty, he held the rank and grade of PFC, E-3.

3.  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

__jdm___  __cjs___  __jed___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044128	
SUFFIX		
RECON		
DATE BOARDED	20001012	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.