MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 August 2002
	DOCKET NUMBER:   AR2002073351

	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:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Margaret V. Thompson		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 staff sergeant/E-6 (SSG/E-6). 

APPLICANT STATES:  In effect, that he met the time in grade and time in service requirements to be promoted to the pay grade E-6.  In support of his application, he submits a copy of his separation document (DD Form 214), and two Memoranda, dated 22 September and 23 September 1971, issued by Headquarters Command, Fort Stewart, Georgia.

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

On 31 December 1973, he was honorably released from active duty (REFRAD), for the purpose of retirement, after completing a total of 20 years and 2 days of active military service. 

The DD Form 214 issued to and signed by the applicant on the date of his separation, confirms that he held the rank of specialist five/E-5 (SP5/E-5) and that he was serving in military occupational specialty (MOS) 64C 
(Motor Transport Operator) at the time of his REFRAD.  It also shows that during his active duty tenure, he earned the following awards: Vietnam Service Medal; Republic of Vietnam Campaign Medal with 60 Device; Good Conduct Medal 
(6th Award); and National Defense Service Medal (1st OLC). 

The applicant’s Enlisted Qualification Record (DA Form 20) show that the highest grade he attained while serving on active duty was SP5/E-5.  In addition, there are no documents contained in the applicant’s Military Personnel Records Jacket (MPRJ) that suggest that  he was ever selected for promotion to SSG/E-6. 

The Headquarters Command, Fort Stewart, Memoranda provided by the applicant confirm that he appeared before a local E-6 promotion selection board, was added to the standing list for promotion, and outlines criteria established by the command for promotion.  However, there is no indication that the applicant was ever actually promoted to SSG/E-6 prior to separating from active duty.  In addition, the applicant admits that he was never assigned to a position that allowed from him to be promoted by the command. 

Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the separation documents.  It states, in effect, that the active duty grade of rank at the time of separation will be entered on the separation document.

Army Regulation 15-185, provides the regulation that governs the operation of the Board, sets forth the procedures for processing requests to correct military records 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 contention of the applicant that he met the requirements of time in service and time in grade to be promoted to the pay grade E-6, and in effect, should have been promoted.  However, it finds insufficient evidence to support this claim.  

2.  The evidence of record confirms that the applicant did meet the time in grade and time in service requirements for consideration for promotion to SSG/E-6 and that he in fact was added to a promotion standing list in 1971.  However, there is no evidence showing that he ever met all the criteria for promotion to SSG/E-6 or that he was ever promoted to SSG/E-6 by the proper promotion authority.  

3.  By the applicant’s own admission, he did not meet the criteria for promotion by the local command and was never actually promoted to SSG/E-6 while he was serving on active duty.  Lacking evidence to show any error or injustice related to the applicant not being promoted to SSG/E-6, the Board is compelled to conclude that the requested relief is not warranted in this case. 

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

__RJW__  ___LE___  __MVT__  DENY APPLICATION

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

INDEX

CASE ID	AR2002073351	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/08	
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.