MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 FEBRUARY 2003
	DOCKET NUMBER:   AR2002077183

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Lawrence Foster		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:  In effect, that his records be corrected to show his pay grade as E-4 instead of E-3 and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his social security number (SSN) as 2--8- 9--- instead of 3--8- 9---.

In regard to the applicant's request for correction of his SSN, he submits a copy of his Virginia State Identification Card.  This matter was addressed by separate correspondence and will not be addressed further in this memorandum. 

APPLICANT STATES:  In effect, that he was honorably discharged with severance pay; however, he was paid as an E-3.  He contends that his pay grade was E-4 and he should have been paid as an E-4.  In support of his application he submits a copy of Standard Form 88 (Report of Medical Examination) showing his pay grade as SP4/pay grade E-4.  

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

He was inducted into the Army of the United States on 19 May 1970.  On 14 April 1972, the applicant was honorably discharged from active duty under the provisions of Army Regulation 635-40, chapter 9, for Expeditious Discharge for Disabilities Existing Prior to Service.

Unit Orders #46, dated 17 December 1970, from Company E, 2nd Battalion, First Basic Combat Training Brigade, U. S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, Washington, show the applicant was promoted to pay grade E-3.

Item 33 (Appointments and Reductions) of the applicant's DD Form 20 (Enlisted Qualification Record) shows his highest pay grade held as E-3 effective 
17 December 1970.

There are no orders in the applicant's service personnel records that show he was promoted to E-4 subsequent to 17 December 1970.

The applicant provided a copy of his Standard Form 88, dated November 1971, which shows his pay grade as E-4.

Special Orders #108, dated 17 April 1972, from Headquarters, U.S. Army Personnel Center, Fort Dix, New Jersey approving his discharge shows his pay grade as E-3.

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.  The Board considered the applicant's contention that his pay grade was E-4 at the time of his separation.

2.  The evidence of record shows the applicant's highest pay grade as E-3.

3.  There are no orders in the applicant's service personnel records that show he was promoted to E-4. 

4.  The Standard Form 88 provided by the applicant is not an authority for promotion.  Therefore, it is insufficient as a basis to change the applicant's records to show he was separated in pay grade E-4.

5.  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.

6.  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

___JNS_  __REB___  ____LF__  DENY APPLICATION

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

INDEX

CASE ID	AR2002077183	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030225	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	129.0500	
2.	100.0900	
3.		
4.		
5.		
6.