MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  15 November 2001
	DOCKET NUMBER:  AR2001059936

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Karen A. Heinz		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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his final rank as corporal (CPL/E-4).

APPLICANT STATES:  In effect, that his DD Form 214 should show his final rank as CPL/E-4.  He also states that his Honorable Discharge Certificate shows his rank as private first class (PFC).  In support of his application, he submits a copy of his DD Form 214, a copy of his Honorable Discharge Certificate, and a copy of his DA Form 4187 (Personnel Action).

EVIDENCE OF RECORD:  The applicant's military records are unavailable for review by this Board.  However, his DD Form 214 shows that he enlisted on 24 August 1990, as a fighting vehicle infantryman.  He continued to serve until he was released from active duty under the provisions of Army Regulation 635-200, chapter 11-3a, for entry level status and conduct on 15 February 1991.  He was transferred to the US Army Reserve (USAR) Control Group (Reinforcement).

Item 4a (Grade, Rate or Rank) shows the entry “PV1” and item 4b (Pay Grade) shows the entry “E1” on his DD Form 214.

The applicant provided a copy of a DA Form 4187, dated 18 November 1994,
which shows that he was advanced to CPL with a date of rank (DOR) and effective date of 18 November 1994, while serving in the USAR.

The applicant provided a copy of his Honorable Discharge Certificate, dated 10 October 2000, from the USAR which shows his rank as “PFC”.

Army Regulation 635-5 provides instructions for the preparation of the DD Form 214.  It states, in pertinent part, that item 4a (Grade, Rate or Rank) and 4b (Pay Grade) will be completed to show the active duty grade or rank and pay grade at the time of separation.

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.  The Board notes that the applicant was separated in the rank and pay grade
of PV1/E-1 on 15 February 1991, at the time of his separation.  The Board also notes that the applicant has failed to show through the evidence submitted with his application or the evidence of record, that he was advanced to corporal prior to his separation from active duty.  

2.  The evidence of record clearly shows that the applicant was promoted to
CPL with a DOR and effective date of 18 November 1994, while serving in the USAR.  The evidence of record also shows his rank as “PFC” on his Honorable Discharge Certificate from the USAR.  Therefore, there is no basis to change item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) of 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 that would satisfy this requirement.  

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

___sk__  ___iw__  ___kh___  DENY APPLICATION

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

INDEX

CASE ID	AR2001059936	
SUFFIX		
RECON		
DATE BOARDED	20011115	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	19910215	
DISCHARGE AUTHORITY	AR2001059936	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  803		
2.		
3.		
4.		
5.		
6.