MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 December 2001                   
	DOCKET NUMBER:   AR2001063918

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Jose A. Martinez		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 his records be corrected to show he was promoted to Sergeant First Class, E-7.

APPLICANT STATES:  That while in Vietnam a field colonel pinned his E-7 stripes on him and he received a medal for bravery.  He was shipped to an Army hospital in Maryland where he stayed for about a week until he was shipped to Walter Reed Army Medical Center (WRAMC).  While at WRAMC he was shown his orders and told that he was officially promoted to E-7.  He read this in his 201 file and he knows that the paperwork was there.  When he was getting ready to out-process due to disability a clerk went to see him to check on the type of medals he received, his insurance, and whatever else was needed to separate him.  He was sent home and told that his orders would be mailed to him.  He never heard anything from then on.  He never received his orders and never received any of his personal belongings.  He cannot even show his family his medals or his discharge.  The only reason that he knows that he was retired as an E-6 instead of an E-7 was because his doctor told him this when he went for a check-up in 1969.

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

After having had prior service, he reenlisted in the Regular Army on 8 January 1957.  He was awarded military occupational specialty 31L (Carrier Equipment Repairman).  

The applicant arrived in Vietnam and was assigned to the 41st Signal Battalion on or about 11 August 1966 as a field radio relay repairman.  He was promoted to Staff Sergeant, E-6 again (after an earlier reduction) on 26 October 1966.  He was reassigned to the 459th Signal Battalion as field radio repairman supervisor on 4 April 1967.  

The applicant’s Enlisted Qualification Record, DA Form 20, item 40 contains a pen and ink entry showing he was shot in the chest, the right shoulder, and wounded in the right hand but no date is indicated and item 38 does not show that he was medically evacuated.  Item 38 shows he was assigned to the 387th Replacement Company, Fort Riley, KS as a duty soldier from 22 August 1967 through 1 March 1968; he was casual from 2 March through 3 April 1968; he was assigned to the 520th Light Equipment Maintenance Company, Fort Meade, MD as a field radio repairman supervisor from 4 April through 10 September 1968; and he was assigned to Medical Hold Company, WRAMC on 11 September 1968.

On 5 May 1969, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for presenting a false and fraudulent claim against the Finance Office at WRAMC.  His rank on the Record of Proceedings under Article 15, UCMJ, DA Form 2627-1, is shown as Staff Sergeant, E-6.  His punishment included a reduction to E-5.  He presented a lengthy written appeal which began, “I, SSG ___…”  No argument was made that he was actually an   E-7.  His appeal was denied on 5 June 1969.

The applicant’s physical evaluation board paperwork is not available.  

Special Orders 99 (the number may be partially obliterated), Headquarters, Department of the Army dated 22 May 1969 ordered the applicant placed on the Temporary Disability Retired List (TDRL) as a Staff Sergeant with a 60 percent disability rating.  There is no evidence of record to show that a grade determination had been conducted.  On 6 June 1969, he was discharged due to disability retirement as a Sergeant, E-5.  He had signed his DD Form 214.  On    7 June 1969, he was placed on the TDRL.  The paperwork removing him from the TDRL is not available.

The U. S. Total Army Personnel Command attempted to conduct a search for award orders pertaining to the applicant but without knowing his signal units’ major command was not successful in locating any.

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 documentation concerning the applicant’s assignment to WRAMC and his physical evaluation board is not available.  It cannot even be determined from the evidence of record that he was medically evacuated from Vietnam directly to an Army hospital.  There is no evidence to show that he was promoted to Sergeant First Class.  On the other hand, he accepted an Article 15 on 5 May 1969.  His grade was noted on the DA Form 2627-1 as Staff Sergeant.  He made a lengthy appeal in which he never protested that he was not a Staff Sergeant but a Sergeant First Class instead.  

3.  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

__inw___  __jl____  __jam___  DENY APPLICATION

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

INDEX

CASE ID	AR2001063918	
SUFFIX		
RECON		
DATE BOARDED	20011218	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.