IN THE CASE OF:	   

		BOARD DATE:	  28 October 2014

		DOCKET NUMBER:  AR20140002940 


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 reconsideration of his earlier request to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as specialist five (SP5)/E-5 instead of specialist four (SP4)/E-4.

2.  The applicant states, in effect, he was promoted to E-5.

3.  The applicant provides:

* DA Form 3354-R (Personnel Data Sheet)
* DA Form 3355-R (Promotion Points Worksheet)
* promotion board recommendation
* five DA Forms 3356-R (Board Member Appraisal Worksheet)

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 AR20130009200 on 16 January 2014.

2.  The applicant provided a promotion board recommendation, dated September 1971, which shows he was recommended for promotion to SP5 by a majority of the board membership and five DA Forms 3356-R which show he was recommended for promotion.

3.  He also provided an undated DA Form 3354-R which shows his authorized position grade was SP5.

4.  This documentation is new evidence that will be considered by the Board.

5.  The applicant enlisted in the Regular Army on 11 June 1970 for 3 years.

6.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he attained the rank or SP4 on 3 November 1970.

7.  He served as an aircraft repair parts specialist in Vietnam from 15 December 1970 to 3 December 1971.

8.  He was honorably released from active duty (REFRAD) on 1 February 1972.  His discharge orders show his rank as SP4.

9.  His DD Form 214 shows in:

* item 5a (Grade, Rate, or Rank) – SP4
* item 5b (Pay Grade) – E-4

10.  There are no orders in the available records that show he was promoted to SP5/E-5.

11.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated for enlisted personnel to grades E-3 through E-9, appointments, grade reductions, and grade restoration were announced in routine orders.  Field grade commanders in the rank of lieutenant colonel or higher could promote to E-5.

DISCUSSION AND CONCLUSIONS:

1.  The documentation provided by the applicant which shows he was considered by an E-5 promotion board and was recommended for promotion to E-5 by a majority of the board members was carefully considered.  However, the evidence of record shows that at the time he was separated on 1 February 1972 he held the rank of SP4/E-4.

2.  Although he may have been recommended for promotion, there is no evidence which shows he was promoted to SP5 by proper authority prior to his REFRAD on 1 February 1972.  Therefore, there is insufficient evidence on which to base the requested relief.

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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130009200, dated 16 January 2014.



      _______ _   _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)                                         AR20140002940



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ABCMR Record of Proceedings (cont)                                         AR20140002940



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