MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 December 2001
	DOCKET NUMBER:   AR2001061078

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Harry B. Oberg		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:  Correction of his military records to show his rank and pay grade as sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4.

APPLICANT STATES:  In effect, that he went from Reserve status to active Army and somehow his rank was not posted to his records.  In support of his application, he submits copies of two Armed Forces Identification Cards. 

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

The applicant enlisted in the U.S. Army Reserve (USAR) on 25 January 1978 for a period of 6 years.  He entered active duty on 1 June 1978 for a period of 
4 years.  On 6 October 1981, the applicant extended his period of enlistment for an additional 2 months.  On 30 July 1982, the applicant was honorably released from active duty in the rank and pay grade of SP4/E-4 and transferred to the USAR Control Group (Reinforcement).  On 17 December 1986, the applicant was honorably discharged from the Ready Reserve in the rank of SGT/E-5.

The applicant was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) at the time of his release from active duty on 30 July 1982.  Item 4a (Grade, Rate or Rank) on the DD Form 214, which was authenticated in his own hand, shows the entry “SP4”.  Item 4b (Pay Grade) on the DD Form 214 shows the entry “E4”.

The applicant’s DA Form 2-1 (Personnel Qualification Record) shows that he was promoted to SP4/E-4 on 1 October 1979.

There is no evidence in the available records which shows the applicant was promoted to SGT/E-5 prior to his separation from active duty on 30 July 1982.  

His records show he was promoted to SGT/E-5 in the USAR on 31 July 1984.

The applicant provided a copy of an Armed Forces Identification Card, issued on 7 January 1985, which shows his rank as SGT/E-5.  He also provided a copy of an Armed Forces Identification Card, issued on 16 September 1986, which shows his rank as SGT/E-5.

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.  Evidence of record shows the applicant was honorably separated from active duty on 30 July 1982 in the rank and pay grade of SP4/E-4.

2.  The Board noted the applicant’s request that his military records be corrected to show his rank and pay grade as SGT/E-5 instead of SP4/E-4.  However, evidence of record shows the applicant was promoted to SGT/E-5 on 31 July 1984 in the USAR, two years after his separation from active duty.  Therefore, there is no basis for granting the applicant’s request.

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

FNE____  TAP_____  HBO_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001061078	
SUFFIX		
RECON		
DATE BOARDED	20011206	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	102.0200	
2.		
3.		
4.		
5.		
6.