MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          11 September 2003
		DOCKET NUMBER:  AR2003084958

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. John T. Meixell		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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his pay grade as E-4.

APPLICANT STATES:  That his DD Form 214 indicates that he was honorably discharged as an E-2 but he was later reinstated to pay grade E-4 upon his medical discharge from the Army.  He submitted a copy of his DD Form 214, his DA Form 8-118 (Medical Board Proceedings), and a pay record status.

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

After having had prior service, the applicant enlisted in the Regular Army in the temporary grade of private first class (PFC) on 17 July 1961.  

The applicant was advanced to the temporary grade of specialist four (SP4)/E-4 on 6 May 1962.

On 2 April 1965, the applicant was convicted by a special court-martial of being absent without leave (AWOL) from 1 October 1964 to 11 March 1965.  He was sentenced to confinement at hard labor for 6 months and reduction to the grade of private E-1.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was reduced to the grade of private E-1 on 6 April 1965.

The applicant's DA Form 20 shows he was advanced to the permanent grade of private E-2 on 6 August 1965 and was advanced to the permanent grade of PFC on 13 October 1965.

On 14 June 1966, the applicant was convicted by a special court-martial of being AWOL from 6 April 1966 to 26 May 1966.  He was sentenced to reduction to private E-1, confinement at hard labor for 6 months, and forfeiture of $83.00 pay per month for 6 months.

The applicant's DA Form 20 shows he was advanced to the grade of permanent private E-2 on 1 February 1967.

The applicant's personnel records contain an AGPZ Form 977 (Data for Retired Pay) which shows he was to be placed on the Temporary Disability Retired List on 11 May 1967 in the grade of SP4/E-4.

On 10 May 1967, the applicant was retired by reason of temporary disability.  His DD Form 214 with an ending date of 10 May 1967 shows his permanent grade as "private" in item 5a (Grade, Rate or Rank) and shows his temporary pay grade as "E-2" in item 5b (Pay Grade).  Item 30 (Remarks) on this discharge document shows the entry:  "Retired in grade of Specialist Four E-4."

On 26 June 1972, the applicant was determined to be permanently unfit for duty by reason of physical disability and was removed from the Temporary Disability Retired List.  He was discharged under the provisions of Title 10 United States Code Section 1203 with a 10% disability rating. 

Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  In the version in effect at the time, it states that the DD Form 214 is a synopsis of the soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  In pertinent part it directed that the grade which enlisted personnel served at the time of separation, indicating whether permanent or temporary, will be entered in item 5a and the pay grade will be entered in item 5b.

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.  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.

2.  The evidence of record shows the applicant was advanced to the temporary grade of SP4 on 6 May 1962.  After several reductions, he was advanced to permanent grade of private E-2 on 1 February 1967.

3.  In accordance with Army Regulation 635-5, the grade in which enlisted personnel served at the time of separation will be shown on the DD Form 214.  The applicant's DD Form 214 with an ending date of 10 May 1967 properly reflects that he held the grade of private E-2 on 10 May 1967, the date he was separated from active duty.  He was not placed on the Temporary Disability Retired List as a SP4 until 11 May 1967.  Therefore, there is no basis for correcting his records to show his pay grade as E-4.  

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

SK______  CJP_____  JTM____  DENY APPLICATION

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

INDEX

CASE ID	AR2003084958	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030911	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19670510	
DISCHARGE AUTHORITY	Title 10, USC 1202	
DISCHARGE REASON	Retirement-Temporary Disability	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	144.0000	
2.		
3.		
4.		
5.		
6.