MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:      

		BOARD DATE:           16 October 2003
		DOCKET NUMBER:  AR2003089464

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Mae M. Bullock		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:  That he be reinstated to the pay grade of E-6.

APPLICANT STATES:  In effect, that he was promoted to the pay grade of E-6 in May 1992 and his recent deployment orders reflect that rank; however, his records do not contain a copy of his promotion orders and his copies burned up in a house fire.  In support of his application he submits a copy of his recent deployment orders showing his rank as that of a staff sergeant (SSG) in pay grade E-6.

EVIDENCE OF RECORD:  The applicant's military records, though somewhat incomplete, show:

He enlisted in the Regular Army on 17 July 1984 for a period of 3 years and training as a motor transport operator.  He successfully completed his training and served until he was honorably released from active duty (REFRAD) in the pay grade of E-4 on 16 May 1987, due to reduction in authorized strength.  He had served 2 years and 10 months of total active service and was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement). 

His records show that he was subsequently transferred to the USAR Control Group (Individual Management Augmentee (IMA)) and was promoted to the pay grade of E-5 on 1 June 1988.He reenlisted on 17 July 1990 for a period of 6 years.

His records contain a noncommissioned officer evaluation report (NCOER) showing that he was serving in the pay grade of E-6 with a date of rank of 1 June 1992.  His records also contain an order dated 15 October 1996 which discharged him from the USAR in the pay grade of E-6.  This discharge order is the latest document filed in his records and they do not contain a copy of his promotion orders to the pay grade of E-6.

The deployment orders provided by the applicant show that he was ordered to active duty in the pay grade of E-6 for a period of 1 years in support of Operation Enduring Freedom.  However, there is no record of an enlistment contract showing that he reenlisted after his discharge in 1996.

In the processing of this case a staff advisory opinion was provided by the Total Army Personnel Command (ARPERSCOM) in St. Louis, Missouri, which opines that there is no record of a promotion order being published which promoted the applicant to the pay grade of E-6; therefore, it was recommended that his request be denied.  The advisory opinion was provided to the applicant for comment and to date, no response has been received by the staff of the Board.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  Although the available records do show that he was evaluated in 1992 as a SSG and that he was discharged in 1996 in the pay grade of E-6, there are no promotion orders contained in the available records nor are there enlistment contracts beyond the date of his discharge.

2.  While the Board recognizes that he has been ordered to active duty and deployed in support of Operation Enduring Freedom, his records are too incomplete and leave too many unanswered questions in regards to the period between his discharge and his current call to active duty.

3.  Although he may have been promoted to the pay grade of E-6 and may have remained in the USAR in that pay grade, the applicant has not ensured that his records remain up to date and accurately reflect his service.  Accordingly, absent the information necessary to show that he has continued to serve and be evaluated in the pay grade of E-6, the Board cannot establish with any degree of certainty, his entitlement to serve in the pay grade of E-6.

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

__mb ___  __hof ___  ___ao___  DENY APPLICATION

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

INDEX

CASE ID	AR2003089464	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/10/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  310	131.0000/PROM	
2.		
3.		
4.		
5.		
6.