MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            21 May 2002                  
	DOCKET NUMBER:   AR2002068861

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Thomas Lanyl		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, promotion to pay grade E-5.

APPLICANT STATES:  That he was promised promotion to pay grade E-5 when he reenlisted and it never showed up on his paperwork.  He also states that he feels his record should be true and correct.  

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

He enlisted in the Regular Army for 3 years as a private, pay grade E-2, on 5 August 1966.  He attained the rank specialist, pay grade E-4, on 12 December 1967.  He was honorably discharged on 29 April 1969.

He reenlisted in the Regular Army for 6 years as a specialist, pay grade E-4, on 30 April 1969.

He was honorably separated on 23 April 1970, as a specialist, pay grade E-4 and placed on the temporary disability retirement list (TDRL).

He was removed from the TDRL and separated with a 20% rate of disability with severance pay, in pay grade E-4, on 30 April 1972.

His records do not show he was promoted to pay grade E-5 at the time of his reenlistment on 30 April 1969, or prior to his discharge on 30 April 1972.

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 view of the circumstances in this case, the applicant is not entitled to correction to his records to show he was promoted to pay grade E-5 at the time of his reenlistment.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board has noted his contentions that he was promised promotion to pay grade E-5 when he reenlisted on 30 April 1969.  However, his records do not show he was promoted to pay grade E-5 on this date.  His records show the highest grade he satisfactorily held was specialist, pay grade E-4, and he was separated in that grade. 

3.  It is concluded that the applicant was appropriately separated in the rank of specialist, pay grade E-4, as this was the last grade he satisfactorily held prior to his separation.  

4.  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.

5.  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

_jlp____  _bje____     _tl_____     DENY APPLICATION

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

INDEX

CASE ID	AR2002068861	
SUFFIX		
RECON		
DATE BOARDED	20020521	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131	
2.		
3.		
4.		
5.		
6.