MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  19 September 2002
	DOCKET NUMBER:  AR2002071804

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Ms. Melinda M. Darby		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:  That his pay grade be corrected to E-2 and his Military Occupational Specialty (MOS) be shown on his DD Form 214 (Certificate of Release or Discharge From Active Duty).

APPLICANT STATES:  That his pay grade is inaccurate and his MOS is not listed.  He provides documents from his military record including his Individual Training Record, his certificate for completion of Basic Combat Training (BCT), his certificate for completion of training in MOS 31U, and a Separation Pay Worksheet.

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

He enlisted and entered active duty on 6 April 1995 in the pay grade of E-1.  An automated Individual Training Record, dated 6 June 1995, shows that he completed all required training as of that date.  The applicant provides a certificate that shows he completed BCT effective 8 June 1995.

On 10 June 1995, the applicant was placed in a remedial physical training program after failing to achieve a passing score on an assessment Army Physical Fitness Test (APFT).  He failed a diagnostic APFT on 17 June 1995.  He failed a second diagnostic APFT on 24 June 1995.  He failed a third diagnostic APFT on 14 July 1995.

The available records show that he was excused from physical training from 24 to 31 July 1995.  He failed his forth diagnostic APFT on 2 August 1995.  On 18 August 1995, he was excused from physical training until 22 August 1995.  On 30 August 1995, the applicant failed his first record APFT.  On 6 September 1995, he failed his second record APFT.

On 25 September 1995, the applicant's commander informed him of recommended separation action as a habitual APFT failure.  The applicant acknowledged receipt of the contemplated separation action and waived his rights to consult with counsel or to provide a statement in his own behalf.  The recommendation was forwarded to the separation authority noting that the applicant was an APFT failure who could not meet the minimum standards prescribed for successful completion of training.

The applicant provides a copy of a certificate that shows that he completed training for MOS 31U effective 11 October 1995.  There are no orders in the available record to show that he was awarded MOS 31U and his Personnel Qualification Record does not show that he completed the MOS 31U training.

The separation authority approved the commander's recommendation and directed an uncharacterized separation under the authority of Army Regulation 635-200, chapter 11.

A Separation Pay Worksheet, dated 22 November 1995, shows the applicant's pay grade as E-1.  The form also shows that his final pay due at separation had $89.25 deducted for an overpayment in the pay grade of E-2 from 6 through 30 October 1995.

Effective 22 November 1995, the applicant was separated from active duty in the pay grade of E-1 under the authority of Army Regulation 635-200, chapter 11 for entry level performance and conduct.  His Character of Service is shown as Uncharacterized.  He had 7 months and 17 days active duty service.

On 19 June 2002, the Army Discharge Review Board voted to amend the applicant's DD Form 214 to show his Character of Service as Honorable and to show the authority for separation as Army Regulation 635-200, chapter 5, Secretarial Authority.

There is no documentation in the available record or provided by the applicant to show that he was ever promoted to the pay grade of E-2.  All of the documents in the available record show the applicant's pay grade as E-1.

Army Regulation 635-5 provides the policy for the preparation of the DD Form 214.  The regulation provides for the recording of primary specialty (MOS) served in for at least 1-year.

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.  There is no evidence of record, and no credible evidence provided by the applicant, that he was ever promoted to the pay grade of E-2 and was serving in that grade at the time of his separation.

2.  There is no basis to add the applicant's MOS to his DD Form 214 since his service in that MOS does not meet the minimum 1-year requirement of the regulation.

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

__jl___  __rb____  __md______  DENY APPLICATION

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

INDEX

CASE ID	AR2002071804	
SUFFIX		
RECON		
DATE BOARDED	20020919	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.05	
2.	129.05	
3.		
4.		
5.		
6.