RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 January 2008
	DOCKET NUMBER:  AR20070012707 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst


The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Mr. Paul M. Smith

Member

Mr. Larry C. Bergquist

Member

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration to correct to his records to show that he was separated in pay grade E-4.

2.  The applicant states, in effect, that he would like to have his pay grade corrected from E-3 to E-4.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and an Honorable Discharge Certificate from the United States Army dated 1 September 1973.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AC97-09974 on  
5 November 1997.

2.  While the applicant has not provided any new evidence, in the process of reviewing his military service records his records provide new evidence which requires that his case be reconsidered by the ABCMR.

3.  Headquarters, 1st Armored Division (Old Ironsides) Fort Hood, Texas Special Order 264 dated 30 September 1970 shows that the applicant was promoted to the rank of specialist four (SP4) effective 24 September 1970.

DISCUSSION AND CONCLUSIONS:

Considering all the evidence of record and the information currently obtained from the applicant's military service records, there is no way to tell whether or not the promotion order was present at the time of the original Board's decision.  Therefore, in view of the circumstance and as a matter of equity the applicant is entitled to have his records corrected to show he was promoted to SP4 effective 24 September 1970 and was separated in pay grade E-4.


BOARD VOTE:

__LCB__  __PMS__  __SLP ___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AC97-09974, dated
5 November 1997.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant was promoted to SP4 effective 24 September 1970 and was separated in pay grade E-4.




_____Shirley L. Powell____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080129
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.