MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           29 March 2001                  
	DOCKET NUMBER:  AR2000048336

	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. Walter Avery, Jr.
		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr.  Christopher J. Prosser		Member	
	Mr. Lester Echols		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 retirement pay be based on his correct pay grade of E-3 and not E-2.

APPLICANT STATES: That on 13 August 1975 he was promoted to pay grade E-3, however his disability percentage was incorrectly based on the grade of E-2.

EVIDENCE OF RECORD:  Only the applicant’s partial military records were available:

The record shows that he entered active duty on 29 October 1974, and was awarded the military occupational specialty of armor crewman on 5 February 1975.

On 25 March 1975 the applicant was involved in a training accident and became a patient at Ireland Army Hospital at Fort Knox, Kentucky.

The applicant was absent without leave (AWOL) from 17 April 1975 until he surrendered to military authorities on 13 May 1975.

On 22 July 1975, Medical Board Proceedings (MEB) were prepared at Ireland Army Hospital, Fort Knox, Kentucky and referred the applicant to a Physical Evaluation Board (PEB).  The applicant’s grade is listed on these proceedings as E-2.  However, on the 5 August 1975 MEB, his grade is listed as E-1.

On 12 August 1975 the applicant was assigned to the Medical Hold Company of Ireland Army Hospital.

On 13 August 1975 Headquarters US Army Armor Center and Fort Knox issued orders promoting the applicant to pay grade E-3.

On 20 August 1975 the applicant signed several documents to include the PEB proceeding concurring with the findings and waiving a formal hearing.  The applicant’s grade is listed as E-2.

On 10 September 1975 the US Army Military Personnel Center issued Letter Orders D9-188 announcing that the applicant was permanently unfit for duty by reason of physical disability and was relieved from assignment and duty and placed on the retired list.  His retired grade was E-2 and his percentage of disability was 30%.  The letter was addressed to the applicant and reflected his grade as E-2.

On 25 September 1975 the applicant was retired.  He apparently was unavailable to sign his DD Form 214 at that time.

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.  Only the applicant’s partial military record were available for review by the Board.  They show that the applicant was AWOL from 17 April to 13 May 1975 then promoted on 13 August 1975.  It would be extremely unusual for a commander to promote a soldier returning from an extended AWOL.  It is noted also that the documents relating to the action taken by the commander in response to the applicant’s AWOL are not on file.  The promotion orders, however, were published by the headquarters element of Fort Knox and addressed to the applicant’s unit.  It appears that the headquarters was unaware that the applicant had been reassigned to the Medical Hold Company.

2.  The applicant reviewed the PEB findings and Letter Orders D9-188 because they informed him of his retirement status, the percentage of disability he would receive and the grade on which that disability was based.  He has provided no explanation why he did not challenge the E-2 grade when he received these very important documents or why he has waited over 25 years to raise the issue regarding the incorrect grade.

3.  Based on the evidence available the Board concludes that the promotion orders were issued by mistake, and the applicant’s correct grade at the time of retirement was E-2.  Therefore, his disability retirement is correctly based on the grade of E-2 and no further correction to the record is warranted.

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

___jns___  ___cjp___  ___le ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000048336	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010329	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.