MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          9 October 2003
		DOCKET NUMBER:  AR2003086946

	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. Raymond V. O'Connor		Chairperson	
	Mr. Robert J. Osborn		Member	
	Ms. Eloise C. Prendergast		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 (Certificate of Release or Discharge from Active Duty) to show he was released from active duty in pay grade E-3.

APPLICANT STATES:  That he was an "E-3" not an "E-1."  He submitted a copy of his DD Form 214 in support of his application.

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

The applicant was enlisted in the Regular Army on 20 October 1993 in pay grade E-1.  

The applicant's Leave and Earnings Statement (LES) for the period 1 to 31 July 1996 obtained from the Defense Finance and Accounting Service (DFAS) shows his pay grade as E-2.  His LES for the period 1 to 31 August 1996 shows his pay grade was changed from E-2 to E-1 effective on 24 July 1996.

Headquarters, Fort Carson, Colorado Orders 271-0003, dated 27 September 1996 released the applicant from active duty on 19 November 1996 in the rank of private E-1 (PV1).

The applicant's DD Form 214 shows he was released from active duty on 19 November 1996 in pay grade E-1 with an effective date of pay grade of 24 July 1996.  

There is no evidence available to the Board which shows the applicant was promoted to pay grade E-3.

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 Board notes the applicant's contention that he was an "E-3" at the time of his separation.  However, the evidence of record shows he was released from active duty in pay grade E-1.  

3.  Records at DFAS appear to show the applicant  was reduced from pay grade E-2 to E-1 in July 1996 and there is no evidence which shows he was promoted to pay grade E-3 prior to his release from active duty.

4.  Based on the foregoing, there is insufficient basis for correcting his DD Form 214 to show his pay grade as E-3.

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

RVO_____  RJO_____  ECP_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003086946	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031009	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	129.0500	
2.		
3.		
4.		
5.		
6.