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ARMY | BCMR | CY2001 | 2001062705C070421
Original file (2001062705C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 31 January 2002
         DOCKET NUMBER: AR2001062705

         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. Elzey J. Arledge, Jr. Member
Ms. Regan K. Smith 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 item 4a (Grade, Rate, or Rank) be corrected to show the entry “SP4” and that item 4b (Pay Grade) be corrected to show the entry “E-4” of her DD Form 214 (Certificate of Release or Discharge from Active Duty).

APPLICANT STATES: That items 4a and 4b of her DD Form 214 are incorrect. In support of her application she submits a copy of her DD Form 214 and a copy of her NGB Form 22 (Report of Separation and Record of Service).

EVIDENCE OF RECORD: The applicant's military records show she enlisted in the Pennsylvania Army National Guard (PAARNG) on 28 May 1985, in the pay grade of E-1. She was ordered to active duty for training (ADT) and was released from ADT on 9 April 1986. She was returned to control of the PAARNG to complete her remaining service obligation.

Item 4a (Grade, Rate, or Rank) shows the entry “PV1” and item 4b (Pay Grade) of her DD Form 214 shows the entry “E-1.”

Item 12h (Effective Date of Pay Grade) of her DD Form 214 shows the entry
“85 05 28” (28 May 1985).

The applicant’s DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) shows that she enlisted in the pay grade of “E-1.”

Item 20f (Pay Grade) of her DD Form 1996/1 (Application for Enlistment-Armed Forces of the United States) shows the entry “E01” (E-1).

The applicant’s records show that she was advanced to SPC/E4 with a date of rank (DOR) and effective date of 4 March 1988.

The applicant provided a copy of her NGB Form which shows in item
6 (Date of Rank) the entry “88 03 01” (1 March 1988).

The applicant was honorably discharged from the PAARNG on 27 May 1991, in the pay grade of E-4.

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 notes that the applicant enlisted in the pay grade of E-1 and was released from ADT in the pay grade of E-1. The Board also notes that the applicant has failed to show, through the evidence submitted with her application,
that she was advanced to E-4 prior to her release from ADT on 9 April 1986.

2. The evidence of record shows that the applicant was advanced to SP4/E-4 with a DOR and effective date of 4 March 1988, after her release from ADT on 9 April 1986, and prior to her honorable discharge from the PAARNG on 27 May 1991. Therefore, she is not entitled to correction of item 4a (Grade, Rate, or Rank) to show the entry “SP4” or correction of item 4b (Pay Grade) of her DD Form 214 to show the entry “E-4.”

3. 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.

4. 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

_rks____ _rvo____ _rks____ DENY APPLICATION




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




INDEX

CASE ID AR2001062705
SUFFIX
RECON
DATE BOARDED 20020131
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19860409
DISCHARGE AUTHORITY AR 635-200
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1 803.
2.
3.
4.
5.
6.


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