Mr. Carl W. S. Chun | Director | |
Ms. Stephanie Thompkins | Analyst |
Ms. Jennifer L. Prater | Chairperson | |
Ms. Barbara J. Ellis | Member | |
Mr. Thomas Lanyl | Member |
APPLICANT REQUESTS: In effect, promotion to pay grade E-5.
APPLICANT STATES: That he was promised promotion to pay grade E-5 when he reenlisted and it never showed up on his paperwork. He also states that he feels his record should be true and correct.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army for 3 years as a private, pay grade E-2, on 5 August 1966. He attained the rank specialist, pay grade E-4, on 12 December 1967. He was honorably discharged on 29 April 1969.
He reenlisted in the Regular Army for 6 years as a specialist, pay grade E-4, on 30 April 1969.
He was honorably separated on 23 April 1970, as a specialist, pay grade E-4 and placed on the temporary disability retirement list (TDRL).
He was removed from the TDRL and separated with a 20% rate of disability with severance pay, in pay grade E-4, on 30 April 1972.
His records do not show he was promoted to pay grade E-5 at the time of his reenlistment on 30 April 1969, or prior to his discharge on 30 April 1972.
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 view of the circumstances in this case, the applicant is not entitled to correction to his records to show he was promoted to pay grade E-5 at the time of his reenlistment. He has not shown error, injustice, or inequity for the relief he now requests.
2. The Board has noted his contentions that he was promised promotion to pay grade E-5 when he reenlisted on 30 April 1969. However, his records do not show he was promoted to pay grade E-5 on this date. His records show the highest grade he satisfactorily held was specialist, pay grade E-4, and he was separated in that grade.
3. It is concluded that the applicant was appropriately separated in the rank of specialist, pay grade E-4, as this was the last grade he satisfactorily held prior to his separation.
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
_jlp____ _bje____ _tl_____ DENY APPLICATION
CASE ID | AR2002068861 |
SUFFIX | |
RECON | |
DATE BOARDED | 20020521 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 131 |
2. | |
3. | |
4. | |
5. | |
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