MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 November 2000                   
	DOCKET NUMBER:   AR2000047506

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Wilfred A. Hale, Jr.		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 his rank and grade as Private First Class (PFC), E-3.

APPLICANT STATES:  That he received an Article 15 in the last year of his service which reduced his rank and grade from Specialist (SPC), E-4 to PFC,    E-3.  However, his rank was never below PFC, E-3.

COUNSEL CONTENDS:  That the applicant’s submission, in conjunction with the official Army records, amply advance his contentions and substantially reflect the probative facts needed for equitable review.

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

He enlisted in the Regular Army on 11 October 1989.

There is no Article 15 filed on the applicant’s fiche.  His Personnel Qualification Record, DA Form 2A, shows that he was reduced from Private, E-2 (PV2) to Private, E-1 (PV1) on 21 April 1992.  His Personnel Qualification Record, DA Form 2-1, shows that he was advanced to PV2 on 11 April 1990 and reduced to PV1 on 21 April 1992.  There is no evidence of record to show he was advanced to PFC or SPC.

The applicant was released from active duty on 9 October 1992 upon his expiration term of service.  His DD Form 214 shows his rank and grade as PV1, E-1 and his effective date of pay grade as 21 April 1992.  The applicant signed his DD Form 214.

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.  There is no evidence of record to show the applicant had ever been advanced to PFC or SPC.  The only pertinent evidence of record shows that he was reduced from PV2 to PV1 on 21 April 1992, the same information as listed on his DD Form 214.  The applicant had signed his DD Form 214 verifying the information on the form to be correct and true.

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

__mkp___  __jhk___  __wah___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047506	
SUFFIX		
RECON		
DATE BOARDED	20001128	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.