MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           20 SEPTEMBER 2001
	DOCKET NUMBER:   AR2001057932

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Ms. Paula Mokulis		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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was discharged on 8 May 1970 in the pay grade of E-5.

APPLICANT STATES:  That he was separated on 8 May 1970 in the pay grade of E-5 and not on 8 May 1967 in the pay grade of E-1.

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

The applicant was inducted into the Army of the United States on 2 May 1967 for a period of 2 years, and on 8 May 1967 he was discharged for immediate enlistment in the Regular Army for a period of 3 years. 

He was promoted to the pay grades of E-2, E-3 and E-4, on 7 July 1967,
28 September 1967 and 11 August 1968, respectively.

On 17 February 1970 the applicant was notified that he had been considered for placement on the E-5 Promotion Merit Roster, however, he had not been selected because his standing, when considered in relation to the standing of other individuals, was not high enough to permit his selection.

On 8 May 1970 the applicant was separated under the provisions of Army Regulation 635-200, for expiration of his term of service.  His DD Form 214 indicates he had 3 years and 7 days of creditable service and was separated in the pay grade of E-4.

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.  There is no evidence in the applicant’s available records to substantiate his claim that he was separated in the pay grade of E-5.  There is no documentation to show he was ever promoted to a grade higher than that of E-4.

2.  The applicant’s records contain a copy of his DD Form 214 which covers the period 9 May 1967 to 8 May 1970, therefore there is no error that would require a change to his DD Form 214.  

3.  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 to show that there was an error or injustice in this case.

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

__RJW  _  __KWL __  __PM ___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057932	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010920	
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.	110.00	
2.		
3.		
4.		
5.		
6.