RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            22 APRIL 2004                  
	DOCKET NUMBER:   AR2003094104

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Jame C. Hise		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Frank C. Jones II		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, via a 10 July 2003 request from a Member of Congress on her behalf, reconsideration of her earlier appeal for the difference in pay between major and lieutenant colonel her deceased spouse, a former service member (FSM), should have received between 9 February 1967 to       20 September 1968, with interest.

2.  The applicant states, in effect, that the decision by the 30 January 2003 Board was unfair and unjust.  She has attempted to resolve this matter on numerous occasions for many years, without satisfaction.  As indicated by her 20 November 1970 letter to Major "H" of the 357th Civil Affairs Area, she never received her late husband's pay vouchers. 
 
3.  The applicant provides a copy of a 26 February 2003 letter to the Director, Army Board For Correction of Military Records, whereby she expresses her dissatisfaction with the decision made by the 30 January 2003 Board; a copy of the above mentioned letter to Major "H;" a copy of a 24 July 1970 letter to a Member of Congress requesting her assistance; and a copy of the 30 January 2003 Board decision. 

CONSIDERATION OF EVIDENCE: 

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2002078753, on 30 January 2003.

2.  On 24 July 1970 the applicant requested assistance from a Member of Congress in rectifying the pay due her because of her late husband's promotion.  She referred to letters that she had written, and stated that she had written three times; however, she received no acknowledgment or check.  

3.  In a 23 November 1970 letter to the applicant, the Army Reserve Components Personnel Center commander informed her that her request, endorsed by the Commanding Officer, 357th Civil Affairs Area, for her late husband's pay vouchers, had been forwarded to the Army Finance Center at Indianapolis.  This correspondence was available to the 30 January 2003 Board.

DISCUSSION AND CONCLUSIONS:

1.  Acknowledged are the applicant's efforts immediately after her husband's death to obtain the pay due as a result of his promotion to lieutenant colonel. The new evidence in this case, the 24 July 1970 request to a Member of Congress, bears out her efforts as does the letter to her from the Army Reserve Components Personnel Center, indicated above. 

2.  Nevertheless, there is no evidence, and the applicant has not provided, any to show that she herself submitted a claim, or that, if submitted, her claim was denied.  In this respect, the conclusions reached by the 30 January 2003 Board are relevant.    

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of her request.   

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JCH  _  __LDS        __FCJ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR2002078753, dated 30 January 2003.

		_____James C. Hise_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003094104	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040422	
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.	129.00	
2.		
3.		
4.		
5.		
6.