MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 June 2002
	DOCKET NUMBER:   AR2002067476

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Richard T. Dunbar		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 report of separation be corrected to reflect that he was discharged in the pay grade of E-5.

APPLICANT STATES:  That he appeared before a promotion board for promotion to the pay grade of E-5 in December 1970, while stationed in Vietnam. He goes on to state that he was told he made the cutoff for promotion and was told that his orders would be forwarded to Fort Campbell, Kentucky; however, they were never received.  He continues by stating that he should have been promoted for the time he spent in Vietnam.

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

He was inducted in Newark, New Jersey, on 19 May 1969.  He completed his training and was transferred to Vietnam on 8 February 1970, for duty as a repair parts specialist.  He was advanced to the pay grade of E-4 on 16 July 1970 and on 25 August 1970, he reenlisted for a period of 3 years. 

He departed Vietnam on 19 December 1970 and was transferred to Fort Campbell, Kentucky.

His records show that he was absent without leave (AWOL) for 1 day on 14 July 1971; however, the record is silent as to any punishment imposed for that offense.

On 25 July 1973, the applicant was reduced to the pay grade of E-3 for inefficiency.  The commander also initiated action to bar him from reenlistment on 27 July 1973.  He cited as the basis for his recommendation, the applicant’s repeated failure to pay his just debts and indicated that the applicant had accrued a large amount of debt and repeatedly had assured him that the debts would be paid.  However, in each instance they were ignored.  The applicant acknowledged the initiation of the bar to reenlistment and elected not to submit a statement in his own behalf.  The bar to reenlistment was approved on 13 August 1973.  There is no indication in the available records to show that he was ever on the promotion standing list to the pay grade of E-5.  

On 24 August 1973, he was honorably released from active duty (REFRAD) under honorable conditions on the expiration of his term of service (ETS).  He had served 4 years, 3 months and 4 days of total active service and had 1 day of lost time due to AWOL.  He was REFRAD in the pay grade of E-3.

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 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.

2.  The evidence of record contains no evidence to show that he was on the E-5 promotion standing list or that he made the promotion cut-off for that pay grade.  Inasmuch as the applicant has failed to show that he was unjustly denied the promotion, the Board must presume, in the absence of evidence to the contrary, that the actions taken by the Army at the time were in accordance with applicable laws and regulation in effect at the time.

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

___rtd___  ___inw __  __kan___  DENY APPLICATION

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

INDEX

CASE ID	AR2002067476	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/27	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  310	131.0000/promotion	
2.		
3.		
4.		
5.		
6.