MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 October 2000                  
	DOCKET NUMBER:   AR2000046775

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. John T. Meixell		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:  Reconsideration of his earlier appeal to correct his records by showing that he was separated in pay grade E-3 and that his dates of service be corrected.

APPLICANT STATES:  In effect, that a 17 October 1980 order awarding him a military occupational specialty (MOS) and showing his rank as private first class (PFC) proves that he was promoted to pay grade E-3.  He states that his period of service extended from 18 April 1978 through 19 April 1982.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a record of proceedings prepared to reflect the Board's previous consideration of the case on 1 August 2000 (COPY ATTACHED).

The applicant’s submission is new evidence that requires Board consideration. 

The applicant offered no documentation concerning his contention that the dates of his service are wrong.

As provided in the proceedings Board concluded that the record establishes that, at the time of separation the applicant’s pay grade was E-2. 

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 17 October 1980 orders showing that the applicant’s rank was PFC is insufficient as a basis for granting the requested relief.  There is more convincing later evidence that he was separated in pay grade E-2.

2.  There is no available evidence that the DD Form 214 misstates the applicant’s period of service.

3.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__MKP__  __ESC __  __JTM______  DENY APPLICATION

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

INDEX

CASE ID	AR2000046775	
SUFFIX		
RECON		
DATE BOARDED	20001024	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.01	
2.	131.00	
3.		
4.		
5.		
6.