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ARMY | BCMR | CY2001 | 2001056680C070420
Original file (2001056680C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
       


         BOARD DATE: 26 July 2001
         DOCKET NUMBER: AR2001056680

         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
Ms. Joyce A. Wright Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Eric N. Anderson Member
Mr. Hubert O. Fry 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: That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was separated in the rank of “SSG/E6” instead of “SGT(T)/E5.”

APPLICANT STATES: That he was promoted to SSG/E6 on 16 September 1968, was assigned to the Company B, Aviation Support, that his DD Form
214 shows his rank as “SGT(T)/E5”, and that he was not paid as an E-6 after
his promotion. In support of his application he submits a copy of his DD Form 214 and a copy of a Disposition Form (In Processing Route Sheet), dated 16 September 1968.

EVIDENCE OF RECORD: The applicant's military records show he enlisted
on 11 August 1966 as a general vehicle repairman (63C). He served in
Vietnam from 16 August 1967 to 15 August 1968 and was honorably
discharged on 8 August 1969.

The applicant’s DD Form 214 shows his rank as “SGT(T)” and his pay grade
as “E5.”

Headquarters, 1st Infantry Division Special Orders Number 25, dated
25 January 1968, promoted the applicant to SGT/E-5.

The applicant provided a copy of a Disposition Form, dated 16 September 1968, which shows that the applicant was assigned to Company B, Aviation Support and was positioned as the motor sergeant in the pay grade of E6 in the duty military occupational specialty (DMOS) of 63C40.

There is no evidence in the available records, and the applicant’s has provided no evidence, to show that he was ever considered or recommended for promotion to the rank of SSG/E6.

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 evidence of record shows that he was discharged on 8 August 1969
from active duty in the rank of “SGT(T)” and in the pay grade of “E5.”

2. The Board notes the applicant’s contention that he was promoted to the
rank of SSG on 16 September 1968; however, his Disposition Form, dated 16 September 1968, shows that the applicant was positioned as a motor sergeant for Company B, Aviation Support in the pay grade of E6 in the DMOS
of 63C40. The Board also notes that this duty position did not entitle the applicant to the rank of SSG, or promotion to the pay grade of E-6.

3. There is no evidence in the available records, and the applicant has provided no evidence, to show that he was considered or recommended for promotion to the pay grade of E6 prior to his separation date. Therefore, he is not entitled to correction of his DD Form 214 to show his rank as SSG/E-6.

4. 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.

5. 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

__ro____ ___ea___ __hf____ DENY APPLICATION




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



INDEX

CASE ID AR2001056680
SUFFIX
RECON
DATE BOARDED 20010726
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19690808
DISCHARGE AUTHORITY AR 635-200
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 307
2.
3.
4.
5.
6.


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