MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:          15 December 1999
DOCKET NUMBER:  AR1999029848

	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. Loren G. Harrell		Director	
	Mr. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Mark D. Manning		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: Reconsideration of her application to correct her records by showing that she was promoted to pay grade E-4 upon completion of basic training.

APPLICANT STATES:  In effect, that she was told that upon completion of basic training that she would be promoted to E-4.  She contends that she was given 15 college credits for her period of service, which meets the regulations for promotion to E-4.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of her case on 7 January 1998 (COPY ATTACHED).

She submits an additional college transcript that shows the award of 15 credits for her period of service.  She also submits copies of her medical records showing VA records, which were not available to the Board previously, this constitutes new evidence that requires Board review.

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 applicant was granted college credit for her service by a college after she had been discharged.  The regulation states that you must have in excess of 59 credits at the time of enlistment to be afforded direct promotion.  This is not a retroactive entitlement.  The fact that a college granted her credit after her discharge does not change the fact that she did not meet the requirements at the time of her induction.

2.  The applicant has not explained how her medical records pertain to college credits she had before induction.

3.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

___tnk __  __eb____  ___mdm_  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999029848	
SUFFIX		
RECON		
DATE BOARDED	19991215	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	129.05	
2.		
3.		
4.		
5.		
6.