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ARMY | BCMR | CY2001 | 2001062875C070421
Original file (2001062875C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 13 December 2001
         DOCKET NUMBER: AR2001062875

         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Mr. Mark D. Manning 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: In effect, correction of her discharge orders, dated 12 July 1994, to show she was separated as a private first class/pay grade E-3 instead of private/pay grade E-2.

APPLICANT STATES: That she served in the Individual Ready Reserve (IRR) and was supposed to be promoted to PFC in 1988.

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

The applicant enlisted in the Regular Army on 28 August 1979 for a period of four years. She completed basic and advanced individual training and served in Germany as a medical supply specialist. She was honorably released from active duty on 26 August 1983 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

The applicant was discharged from the Ready Reserve on 12 July 1988 in the rank of private/pay grade E-2. She reenlisted in the Army Reserve on 13 July 1988 in the rank of private/pay grade E-2 for a period of six years.

The U.S. Army Reserve Personnel Center issued orders on 29 September 1992 which released the applicant from the USAR Control Group (Reinforcement) and assigned her to the 306th Medical Hospital in Jackson, Tennessee. These orders show the applicant’s rank as “PFC”.

Orders issued by the 125th USAR Command, dated 20 January 1993, reassigned the applicant to the USAR Control Group (Reinforcement), under the provisions of Army Regulation 140-10, paragraph 4-18. The reason cited as the basis for her reassignment was “IRR NO-SHOW”. These orders also show her rank as “PFC”.

Orders issued by the USAR Personnel Center discharged the applicant from the USAR on 12 July 1994, in the rank of PV2.

There is no evidence available to the Board which shows that the applicant was promoted to the rank of PFC prior to her discharge from the USAR.

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 applicant reenlisted in the USAR in July 1988 in the rank of private/pay grade E-2.

2. Military orders show the applicant was a “PFC” in the USAR on 29 September 1992 and 20 January 1993.
3. Military orders show the applicant was discharged from the USAR on 12 July 1994 in the rank of private/pay grade E-2.

4. There is no evidence available to the Board which shows that the applicant’s separation orders dated 12 July 1994 are in error or that the applicant was a PFC/pay grade E-3 at the time of her separation. Therefore, there is no basis for correcting her records to show her rank as PFC.

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

SAC_____ MDM_____ RKS_____ DENY APPLICATION



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




INDEX

CASE ID AR2001062875
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20011213
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19949712
DISCHARGE AUTHORITY AR135-178
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 131.0000
2.
3.
4.
5.
6.


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