MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 June 2002
	DOCKET NUMBER:   AR2002070912

	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. William Blakely		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 military records be corrected to show the rank and pay grade of colonel/0-6 (COL/0-6) and to receive all back pay and allowances.

APPLICANT STATES:  In effect, that he was appointed to the rank of colonel in 1996 by the Chairman of the Joint Chiefs of Staff and is entitled to back pay for services performed during exercise Strategic Correspondence.  He states that he is now disabled and the back pay will assist him in ensuring his quality of life.  

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

On 1 February 1979, the applicant enlisted in the Army National Guard (ARNG).  The Report Of Separation and Record Of Service (NGB Form 22) issued to him at the completion of this enlistment shows that he was honorably discharged in the rank of sergeant/E-5 from this period of service in the ARNG on 31 March 1985.  It also indicates that he completed of 6 years of net service during this enlistment and documents no acts of valor, significant achievement, or service warranting special recognition.  

The applicant’s Military Personnel Records Jacket (MPRJ), confirms that he was promoted to SGT/E-5 on 18 May 1982, and that this was the highest rank he attained while serving in the ARNG.  In addition, his MPRJ contains no orders or other documents that indicate he was ever selected for or appointed to the rank of colonel.

Army Regulation 15-185, the regulation that governs the operation of the Board, sets forth the procedures for processing requests to correct military records.  Paragraph 2-9 states, in pertinent part, that the Army Board for Correction of Military Records begins its consideration of each case with the presumption of administrative regularity and the burden of proving error or injustice by a preponderance of the evidence rests with the applicant.

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 the applicant’s contention that he was appointed to the rank of colonel by the Chairman of the Joint Chiefs of Staff.  However, it finds insufficient evidence to support this claim.  

2.  The evidence of record confirms that the highest rank and pay grade the applicant was promoted to, held, and satisfactorily served in while serving in the ARNG was SGT/E-5. 

3.  A thorough review of the applicant’s record revealed no orders promoting him to a pay grade higher than E-5, and he has failed to provide independent evidence to the contrary.  Service in a position authorized a higher pay grade and performing those duties associated with the higher rank does not serve as a basis for promotion or advancement in rank.

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

__INW__  __KAN__  __RTD___  DENY APPLICATION

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

INDEX

CASE ID	AR2002070912	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/27	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.0900	
2.		
3.		
4.		
5.		
6.