| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Ms. Kathleen A. Newman | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: In effect, that his report of separation be corrected to reflect that he was discharged in the pay grade of E-5.
APPLICANT STATES: That he appeared before a promotion board for promotion to the pay grade of E-5 in December 1970, while stationed in Vietnam. He goes on to state that he was told he made the cutoff for promotion and was told that his orders would be forwarded to Fort Campbell, Kentucky; however, they were never received. He continues by stating that he should have been promoted for the time he spent in Vietnam.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted in Newark, New Jersey, on 19 May 1969. He completed his training and was transferred to Vietnam on 8 February 1970, for duty as a repair parts specialist. He was advanced to the pay grade of E-4 on 16 July 1970 and on 25 August 1970, he reenlisted for a period of 3 years.
He departed Vietnam on 19 December 1970 and was transferred to Fort Campbell, Kentucky.
His records show that he was absent without leave (AWOL) for 1 day on 14 July 1971; however, the record is silent as to any punishment imposed for that offense.
On 25 July 1973, the applicant was reduced to the pay grade of E-3 for inefficiency. The commander also initiated action to bar him from reenlistment on 27 July 1973. He cited as the basis for his recommendation, the applicant’s repeated failure to pay his just debts and indicated that the applicant had accrued a large amount of debt and repeatedly had assured him that the debts would be paid. However, in each instance they were ignored. The applicant acknowledged the initiation of the bar to reenlistment and elected not to submit a statement in his own behalf. The bar to reenlistment was approved on 13 August 1973. There is no indication in the available records to show that he was ever on the promotion standing list to the pay grade of E-5.
On 24 August 1973, he was honorably released from active duty (REFRAD) under honorable conditions on the expiration of his term of service (ETS). He had served 4 years, 3 months and 4 days of total active service and had 1 day of lost time due to AWOL. He was REFRAD in the pay grade of 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. 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.
2. The evidence of record contains no evidence to show that he was on the E-5 promotion standing list or that he made the promotion cut-off for that pay grade. Inasmuch as the applicant has failed to show that he was unjustly denied the promotion, the Board must presume, in the absence of evidence to the contrary, that the actions taken by the Army at the time were in accordance with applicable laws and regulation in effect at the time.
3. 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
___rtd___ ___inw __ __kan___ DENY APPLICATION
| CASE ID | AR2002067476 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/06/27 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 310 | 131.0000/promotion |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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