MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 August 2002
	DOCKET NUMBER:   AR2002072539

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Lana E. McGlynn		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 rank and pay grade at the time of his discharge be changed to specialist four/E-4 (SP4/E-4).  

APPLICANT STATES:  In effect, that he held the rank and pay grade of SP4/E-4 at the time of his discharge.  

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

He served on active duty for 1 year, 2 months, and 8 days, from 7 February 1969 until 14 April 1970, at which time he was honorably separated by reason of temporary physical disability.  

Item 33 (Appointments and Reductions) of the applicant’s Enlisted Qualification Record (DA Form 20) confirms that the applicant was promoted to private first class/E-3 (PFC/E-3) on 9 September 1969, and that this was the highest rank and pay grade he attained and held while serving on active duty.  It also verifies that on 5 March 1970, he was reduced to the rank or private/E-2 for cause.  The record contains no indication that he was ever promoted to a higher rank and pay grade subsequent to this reduction or anytime prior to his separation from active duty on 14 April 1970.  

On 10 February 1970, a physical evaluation board (PEB) convened at Valley Forge General Hospital, Phoenixville, Pennsylvania, to consider the applicant’s case.  The PEB found that the applicant was unfit to perform the duties of his office and grade because of a physical disability.  It recommended that he be placed on the Temporary Disability Retirement List (TDRL) with a combined disability rating of 60 percent.  

On 9 March 1970, Unit Orders Number 12, issued by Headquarters, 4th Battalion (Mechanized), 54th Infantry, Fort Knox, Kentucky, directed the applicant’s reduction from PFC/E-3 to PVT/E-2, effective 5 March 1970.  The authority for the reduction was Article 15, Uniform Code of Military Justice (UCMJ).  

On 31 March 1970, the Officer of The Adjutant General (OTAG), published a letter confirming that the applicant’s retirement was announced in Department of the Army (DA) Special Orders (SO) Extract.  Enclosed with this letter was a copy of DASO Number 62, paragraph 273, which directed the applicant be released from active duty on 14 April 1970, and placed on the TDRL on 15 April 1970.  This document also indicated that the applicant would be placed on the TDRL in the rank and pay grade of PFC/E-3.  

A Data for Retired Pay (AGPZ Form 977), dated 31 March 1970, prepared on the applicant during his retirement processing lists his rank and pay grade as 
PFC/E-3 in the following items:  Item 2 (Retired Grade); Item 5 (Active Duty Grade); Item 7 (Highest Grade Held); and Item 18 (Retired Pay Grade).
On 14 April 1970, the applicant was released from active duty and placed on the TDRL.  Item 5a (Grade, Rate or Rank) of the separation document (DD Form 214) issued to him on the date of his separation, which he authenticated with his signature in Item 32 (Signature of Person Being Transferred or Discharged), confirms that he held the rank and pay grade of PVT/E-2 on that date. 

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 his retired rank and pay grade should be SP4/E-4, but it finds insufficient evidence to support this claim.  The evidence of record confirms that the applicant was REFRAD and placed on the TDRL, in the rank and pay grade of PFC/E-3, as a result of the findings and recommendations of the PEB, and the approval of DA.  

2.  The applicant’s record also confirms that subsequent to the convening of the PEB and retirement approval processing by DA, he was reduced for cause by his unit commander under the provisions of Article 15 of the UCMJ.  Although it is unclear if the reduction was addressed in regard to his retired grade, it is evidence that the PVT/E-2 rank listing on the applicant’s DD Form 214 is correct. Therefore, the Board concludes that the requested relief is not warranted. 

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

__ FNE__  __ TSK  _  _ _LEM__  DENY APPLICATION

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

INDEX

CASE ID	AR2002072539	
SUFFIX		
RECON		
DATE BOARDED	2002/08/13	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1970/09/14	
DISCHARGE AUTHORITY	AR 635-40	
DISCHARGE REASON	TDRL	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  803	144.9213	
2.		
3.		
4.		
5.		
6.