MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                     31 October 2000
	DOCKET NUMBER:            AR2000044711

	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. Joyce A. Wright		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:  In effect, that his Honorable Discharge Certificate from the USAR dated 10 March 1998 be corrected to show his rank as “SPC” (Specialist) instead of “PFC” (Private First Class).

APPLICANT STATES:  In effect, that his rank is incorrect on his Honorable Discharge Certificate from the USAR dated 10 March 1998.  He also states that he was a “SPC” when he was separated from active duty on 20 September 1994. In support of his application he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a copy of his Honorable Discharge Certificate from the USAR dated 10 March 1998.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 8 August 1990.  He was promoted to the rank of SPC on 8 October 1992 and continued to serve until he was honorably discharged on 20 September 1994.  He was transferred to the USAR Control Group Reinforcement.  

The discharge certificate provided by the applicant shows he was discharged in the rank of “PFC” instead of “SPC” from the USAR on 10 March 1998.

Item 4 (GRADE/RATE/RANK) of the applicant’s DD Form 214 (Certificate of Release or Discharge from active duty) shows his rank as “SPC”.

The applicant’s USAR records are unavailable for review by this Board.

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.  Evidence of record shows that he was discharged on 20 September 1994 
from active duty in the rank of “SPC”.  

2.  The Board noted that the Honorable Discharge Certificate from the USAR 
dated 10 March 1998 shows his rank as “PFC” instead of “SPC” and that his USAR records were unavailable for review by this Board.  The Board also noted that there is no evidence, and the applicant has provided no evidence to show why his USAR discharge certificate shows his rank as “PFC” instead of “SPC”.
Therefore, there is no basis to correct his Honorable Discharge Certificate from the USAR, dated 10 March 1998, to show his rank as “SPC” instead of “PFC”.

3.  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.

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:

EJA_____  BFH____  ALR_____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000044711	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001031	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19940920	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.		
3.		
4.		
5.		
6.