RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  8 MAY 2008
	DOCKET NUMBER:  AR20070017911 


	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.




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



Member
	The Board considered the following evidence:

	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, in effect, reconsideration to correct his separation document (DD Form 214) to reflect his rank as sergeant (SGT) vice specialist five (SP5).

2.  The applicant states, in effect, he has submitted documents in support of his request to reconsider correction of his military personnel records to show SGT vice SP5.

3.  The applicant provides 13 pages of documents that includes:  a Certificate of Completion for the Primary Leadership Course; separation orders; Record of Discharge, Release from Active Duty, or Death (Navy); DD Form 214; National Guard Form 22 (Report of Separation); DA Form 2166-6 (Enlisted Evaluation Report); Veteran Skills Upgrade Referral Form; Disposition Form, dated 2 March 1983; Letter of Appreciation; Certificate of Award for the Army Achievement Medal; and a Certificate of Completion for the Field Sanitation Team Training Course.

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 AR20070008098, on 14 November 2007.

2.  In the original decision the ABCMR found that the applicant was promoted to the rank of SP5 on 1 September 1983, and there were no entries in his military personnel records indicating he was promoted or laterally appointed to SGT.  His personnel records contain no orders showing he was ever promoted or laterally appointed during his active duty tenure.

3.  The applicant provided new evidence which requires that his case be reconsidered by the ABCMR.

4.  Of the 13 pages of the new evidence that the applicant submitted, the disposition form was the only document that shows he was in the grade of specialist four (SP4) when he was appointed to acting "SERGEANT" effective  
2 March 1983.  He was never promoted to the rank of SGT.

5.  Headquarters, 5th Infantry Division (Mechanized) and Fort Polk, Fort Polk, Louisiana Orders Number 162-101 dated 19 August 1983 shows the applicant was promoted from Specialist Four to Specialist Five effective 1 September  
1983 with a date of rank of 1 August 1983.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests reconsideration to correct his DD Form 214 to reflect his rank as SGT vice SP5.

2.  The evidence of record and the applicant’s new evidence failed to show he was ever promoted to the rank of SGT.  He was appointed an acting sergeant which terminated when he was promoted to SP5.  Therefore, he is not entitled to correction of his DD Form 214 to show SGT. 

3.  In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit sufficient evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X____  __X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20070008098, dated 14 November 2007.




      _________X_____________
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20070017911



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508