IN THE CASE OF:	  

		BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100000741 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Report of Separation from Active Duty) be changed to show his rank as sergeant first class (SFC) and his pay grade as E-7.

2.  The applicant states he never noticed his DD Form 214 was wrong until the Board referred to him as an SFC/E-7 in another case.

3.  The applicant provides, in support of his request, copies of the Board's decision in ABCMR Docket Number AR20090004471 and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant served first in the Army National Guard.  He joined the Regular Army on 13 March 1958.

2.  He was promoted to specialist six/pay grade E-6 on 25 June 1968.  On 1 September 1975 his rank title was changed to staff sergeant (SSG).  He still served in pay grade E-6.  There is no available evidence that he ever served as an SFC/E-7.

3.  He was separated from active duty as an SSG/E-6 on 31 August 1976 due to retirement.

4.  The issue in Docket Number AR20090004471 was his date of birth.  The Record of Proceedings inadvertently stated he "was placed on the Retired List in his retired rank/grade of sergeant first class/E-7…"  The Board decision did not conclude or even imply that he should be promoted or advanced on the promotion list.  However, this document was apparently interpreted as a directive to do so.  The issue of his date of birth was denied.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he never noticed his DD Form 214 was wrong until the Board referred to him as an SFC/E-7 in another case.

2.  Notwithstanding the observation in Docket Number AR20090004471, the applicant never served as an SFC/E-7.

3.  There is no documentation to support the applicant's request and no rationale to support the conclusion that the circumstance warrants the requested relief.

4.  In view of the foregoing there is no basis for granting the applicant's request.

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 for correction of the records of the individual concerned.



      ____________x_____________
                 CHAIRPERSON
       
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20100000741



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ABCMR Record of Proceedings (cont)                                         AR20100000741



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