| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Mark D. Manning | Member | |
| Mr. Robert Duecaster | Member |
APPLICANT REQUESTS: In effect, that his military records be corrected to show the rank and pay grade of sergeant/E-5 (SGT/E-5).
APPLICANT STATES: In effect, upon completion of his tour in Vietnam and prior to his separation from the Army he was assigned to Fort Bragg, North Carolina, where he was promoted to, paid, and fulfilled the duties of a SGT/E-5. He further states that while updating his Department of Veterans Affairs (VA) claim, he noticed a difference in the pay grade listed in his pay vouchers and the one listed on his separation document (DD Form 214). He claims the pay vouchers show he attained the rank and pay grade of SGT/E-5 prior to his separation. In support of his application, he submits a copy of his DD Form 214, 7 Military Pay Vouchers (DA Forms 2349), and an Allotment Authorization Form
(DA Form 1341).
EVIDENCE OF RECORD: The applicant's military records show:
On 12 June 1969, he was honorably released from active duty (REFRAD), by reason of expiration term of service (ETS). At the time of his separation, he had completed 3 years of active military service, and he was transferred to the United States Army Reserve (USAR) to complete his military service obligation.
Item 33 (Appointments and Reductions) of the applicant’s Enlisted Qualification Record (DA Form 20) shows that the highest rank and pay grade he was promoted to while serving on active duty was specialist four/E-4 (SP4/E-4). There is no entry indicating that he was ever promoted to SGT/E-5. Item 48 (Date of Audit) of this document confirms that he audited his record on
31 January 1969, thereby, verifying the information contained on the DA Form 20 was correct on that date, which includes the promotion data in Item 33. In addition, there are no orders or other documents on file in the applicant’s Military Personnel Records Jacket (MPRJ) that give any indication that he was ever recommended, selected, or promoted to SGT/E-5 by a proper promotion authority.
The DD Form 214, issued to and signed by the applicant on the date of his separation, confirms that at the time of his separation he held the rank and pay grade of SP4/E-4. The applicant signed this document in Item 32 (Signature of Person Being Transferred or Discharged), thereby verifying that the information contained in the separation document, to include his rank and pay grade, was correct at the time the DD Form 214 was prepared and issued on 12 June 1969.
The seven DA Forms 2349 provided by the applicant indicate that he received military pay and allowances in the pay grade of E-5 from December 1968 through April 1969. The DA Form 1341 he provided shows that he initiated an allotment to his wife while serving in the pay grade of E-5.
Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214. It states, in effect, at the time, that the active grade or rank and pay grade at the time of separation will be entered in item 4 (a and b).
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 the applicant’s request that his military records be corrected to show he was promoted to the rank of SGT/E-5. However, although he provided seven DA Forms 2349 and a DA 1341 that seem to indicate he was promoted to SGT/E-5, the Board finds insufficient corroborating evidence to support this claim.
2. The Board noted and considered the DA Forms 2349 and DA 1341 provided by the applicant. However, it is unable to reconcile these forms with the evidence of record. The record confirms that the applicant verified the information in his DA Form 20, to include the promotion data showing he was a SP4/E-4, on 31 January 1969, more than 3 months after the date of the
DA Form 2349 covering the pay period 1 through 30 November 1968.
3. Further, during his separation processing in June 1969, the applicant authenticated his DD Form 214 that listed his rank and pay grade as SP4/E-4, and there is no indication that he ever raised the issue of his promotion while he was still on active duty. Finally, the Board finds his explanation that in updating his VA claims he noticed a difference in his pay vouchers and his
DD Form 214 does not sufficiently explain the lack of corroborating evidence in the record, his failure to address the issue while he was still on active duty, or why he waited over 30 years to seek relief. Therefore, the Board concludes there is insufficient evidence to support granting the requested relief.
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
___mdm_ __sac ___ __rd ____ DENY APPLICATION
| CASE ID | AR2003084239 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/05/08 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 310 | 131.0900 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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