MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  25 January 2001
	DOCKET NUMBER:  AR2000048566

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Karen A. Heinz		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 grade be reflected as sergeant first class, pay grade E-7, with back pay.

APPLICANT STATES:  In effect, that his DD Form 214, separation document, should have shown he was an E-5 and his promotions in the National Guard should show he was an E-7 at the time of his retirement.  He also states he joined the Air Force National Guard and later retired in 1998 in pay grade E-6.  He submits an affidavit, orders dated 29 August 1969, and his DD Form 214 in support of his application.

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

He was inducted in the Army for 2 years as a private, pay grade E-1 on 15 August 1968.  He served as an infantryman in military occupational specialty code (MOSC) 11B.

He attained the rank of private first class E-3 on 1 February 1969.

Documents submitted with the application shows the applicant’s MOSC skill level was changed from 11B10 to 11B20.

He was promoted to specialist E-4 on 5 February 1970.

He was honorably discharged on 14 August 1970 for expiration term of service in pay grade E-4.  He was transferred to the USAR Control Group (Annual Training.)

He was discharged from the USAR on 1 August 1974 in pay grade E-4.

His records also show he was transferred to the Control Group as an E-4 and this was the highest grade held until his discharge on 1 August 1974.

There is no record and no evidence has been provided to show the applicant was serving in the grade of E-7 at the time of his 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 view of the circumstances in this case, the applicant is not entitled to correction to his records to reflect his grade as E-5 at the time of his discharges from the Army and the USAR Control Group.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  His contentions have been noted by the Board; however, they are not sufficiently supported by his records, his application or the evidence of record.  There is no error or injustice in his record.

3.  The orders submitted by the application supporting his contention he was promoted to pay grade E-5, dated 29 August 1969, are orders changing his MOSC skill level from 11B10 to 11B20.  It was not a promotion order.

4.  The Board notes here that the applicant may contact the Air National Guard concerning correction to his pay grade at the time of his retirement and entitlement to back pay.

5.  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.

6.  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

__jh____  __kh____  ___le___  DENY APPLICATION

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

INDEX

CASE ID	AR2000048566	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010125	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	131.00	
3.		
4.		
5.		
6.