MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           16 May 2002                  
	DOCKET NUMBER:   AR2002069706

	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:

	Mr. Fred N. Eichorn 		Chairperson	
	Mr. Roger W. Able		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:  Correction to his grade at time of discharge and a full list of all medals and awards on his separation document (DD Form 214).

APPLICANT STATES:  That his DD Form 214 does not show his retired grade as E-5 and does not include all of his medals and awards.  He was an E-5 at time of discharge from the Army.  He also states that he was told he is the most highly decorated in military awards and decorations.  He played a major part in improving the Nike Hercules Missile System and starting up the system.  He also states he was a prisoner of war (POW) in Vietnam and was involved in a major part that actually ended the Vietnam War.

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

He was enlisted in the Regular Army for 3 years as a private, pay grade E-1 on 10 August 1972.

He was promoted to pay grade E-2 on 10 December 1972.

He was reduced to pay grade E-1 for misconduct on 23 January 1973, and promoted to pay grade E-2 on 20 May 1973.

His records do not show he was promoted to pay grade E-5, or above pay grade E-2.

He was honorably separated for disability retirement with a percentage of disability of 30 percent, on 29 September 1974, in pay grade E-2, his current and highest grade held.  He was credited with 2 years, 1 month and 15 days of net active service and 6 days of time lost based on absence without leave.  His DD Form 214 shows he had no overseas service, nor that he was a POW.

His records and DD Form 214 show he was awarded the National Defense Service Medal, the Basic Missileman Badge and the Marksman Badge with Rifle Bar.

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 DD Form 214 to show his pay grade as an E-5 and he is not entitled to any additional medals and awards.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board has noted his contentions that he was promoted to E-5 and all of his medals and awards are not listed on his DD Form 214.  However, his records show the highest grade he satisfactorily held was pay grade E-2.  It is also noted that his records show he received only the awards that have been annotated on his DD Form 214. 

3.  It is concluded that the applicant was appropriately discharged in pay grade E-2, as this was the last grade he satisfactorily held prior to and upon his retirement.  It is also concluded that the applicant’s DD Form 214 appropriately lists all the awards for which he is entitled.

4.  The evidence of record does not show he was a POW as he contends.  The evidence of record also shows he had no overseas service.

5.  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.

6.  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____  _pm____  _rwa___       DENY APPLICATION

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

INDEX

CASE ID	AR2002069706	
SUFFIX		
RECON		
DATE BOARDED	20020516	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	129.00	
3.		
4.		
5.		
6.