Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002068861C070402
Original file (2002068861C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 21 May 2002
         DOCKET NUMBER: AR2002068861

         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. Stephanie Thompkins Analyst


The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Ms. Barbara J. Ellis Member
Mr. Thomas Lanyl 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, 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




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




INDEX

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.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002078537C070215

    Original file (2002078537C070215.rtf) Auto-classification: Denied

    These orders also authorized the applicant the retired rank and pay grade of SP6/E-6. It states, in effect, that upon a determination by the Secretary concerned a member who is determined to be unfit to perform the duties of their office, grade, rank, or rating because of a temporary physical disability incurred while on active duty may be placed on the TDRL and receive retired pay. The evidence of record confirms that the applicant was promoted to SFC/E-7 on 11 September 1968, during a...

  • ARMY | BCMR | CY2005 | 20050004339C070206

    Original file (20050004339C070206.doc) Auto-classification: Denied

    The applicant requests that his records be corrected by reinstating his promotion to first lieutenant. On 22 May 1969, a Medical Evaluation Board diagnosed the applicant as a schizophrenic, determined he was medically unfit for further military service, and referred him to a Physical Evaluation Board. There is no evidence of the applicant being promoted higher than pay grade E-4; therefore, there is no justification for granting the applicant’s request.

  • ARMY | BCMR | CY2001 | 2001057821C070420

    Original file (2001057821C070420.rtf) Auto-classification: Approved

    However, the applicant’s Enlisted Qualification Record (DA Form 20) contains an entry in block 38 (record of assignments) that shows he was medically evacuated from the RVN to Ireland Army Hospital, Fort Knox, Kentucky, and that he arrived there as a patient on 2 August 1969. Given the evidence of record in this case, the Board finds it reasonable to presume that the hospital commander at Fort Knox promoted the applicant in accordance with applicable regulations in effect at the time based...

  • ARMY | BCMR | CY1997 | 9706530

    Original file (9706530.rtf) Auto-classification: Denied

    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...

  • ARMY | BCMR | CY2010 | 20100019611

    Original file (20100019611.txt) Auto-classification: Denied

    BOARD DATE: 8 February 2011 DOCKET NUMBER: AR20100019611 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He states: * his Army dream was to move up in the ranks * his unit was ambushed in Vietnam and both of his legs were wounded * the Army retired him and he couldn't fulfill his dream * he wants to be advanced on the Retired List so he can have a higher rank on his tombstone in Arlington 3. This service may consist of combined active service and service in the U.S. Army Reserve Control...

  • ARMY | BCMR | CY2007 | 20070018865

    Original file (20070018865.TXT) Auto-classification: Approved

    The applicant requests, in two separate applications, a review of his military records to determine if he is entitled to receive additional awards and decorations that are not currently reflected on his Report of Transfer or Discharge (DD Form 214), and to determine if the grade, rate or rank and pay grade reflected on his DD Form 214 is correct. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for...

  • ARMY | BCMR | CY2002 | 2002075585C070403

    Original file (2002075585C070403.rtf) Auto-classification: Denied

    As supporting evidence he provides a Personnel Action, DA Form 4187, showing he was promoted to Specialist, E-4 effective 1 February 1994; an email dated 11 April 2000 showing he was placed on the Temporary Disability Retired List in the grade of Sergeant; and a copy of his retired identification card showing his rank as Sergeant, E-5. EVIDENCE OF RECORD : The applicant's military records show: The email message information stating he was placed on the disability retired list as a Sergeant...

  • ARMY | BCMR | CY2012 | 20120019408

    Original file (20120019408.txt) Auto-classification: Denied

    The applicant's record is void of any evidence showing he was ever promoted to the rank/grade of SP4/E-4 at any time during his service. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20120019408 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...

  • ARMY | BCMR | CY2004 | 2004100832C070208

    Original file (2004100832C070208.doc) Auto-classification: Approved

    Linda D. Simmons | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that he satisfactorily served as a SFC/E-7 on active duty and he requests that his rank and pay grade on the Retired List be corrected to reflect the highest grade he held and in which he served on active duty, which was SFC/E-7. In view of the facts of this case, it would be appropriate to correct the applicant’s record to...

  • ARMY | BCMR | CY2009 | 20090012330

    Original file (20090012330.txt) Auto-classification: Denied

    The applicant requests, in effect, that his undesirable discharge be upgraded to a general discharge. On 16 May 1983, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his discharge. The available evidence shows the applicant had satisfactory completed training and had served satisfactorily in Europe and the Republic of Vietnam.