MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 July 2001
	DOCKET NUMBER:   AR2001056265

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. William D. Powers		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 military records be corrected to show the rank of sergeant (E-5).

APPLICANT STATES:  In effect, that the lieutenant temporarily in charge denied his promotion to sergeant because he was 6 months from completing his term of enlistment.  He states that he read the promotions orders and witnessed the lieutenant place the promotion orders into his desk.  He states that his new commander offered to promote him only if he reenlisted.  He further states that he is not requesting back pay just the acknowledgement of his military records to show the rank of sergeant.

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

The applicant entered the Army on 6 April 1964.  He was awarded military occupational specialty (MOS) 63H (Engine Powertrain Repairman).  His awards include the Good Conduct Medal, the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with 60 Device.  He was honorably released from active duty on 
5 April 1967, in the rank of specialist four (permanent).

Item 3 (Grade-Rank and Date of Appointment) of the applicant’s Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) shows the rank of specialist four (permanent), pay grade E-4, and his date of rank as 17 January 1966. 

The applicant’s Enlisted Qualification Record (DA Form 20) indicates he was promoted to specialist four (permanent) on 17 January 1966.

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.  A review of the applicant’s file revealed no orders promoting him to a higher rank than specialist four prior to his separation from the Army.  Therefore, the rank of specialist four (permanent) shown in item 3 of his DD Form 214 is correct.

2.  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.

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

__JNS__  __ MVT __  __WDP__  DENY APPLICATION

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

INDEX

CASE ID	AR2001056265	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/07/24	
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.	131.00	
2.		
3.		
4.		
5.		
6.