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ARMY | BCMR | CY2003 | 2003085297C070212
Original file (2003085297C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 7 October 2003
                  DOCKET NUMBER: AR2003085297

         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
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Shirley Powell Member
Mr. Robert Duecaster 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: That her records be corrected to show she was promoted to pay grade E-4.

APPLICANT STATES: That she was erroneously flagged and not promoted due to the erroneous flag. She provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty) and a DA Form 4187 (Personnel Action) as supporting evidence.

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

She enlisted in the Regular Army on 5 November 1998. She was discharged on 28 December 2001 for disability. Her DD Form 214 shows her rank and pay grade as Private First Class, E-3 and her date of rank as 1 October 1999.

The applicant provides a DA Form 4187 dated 8 July 2002 which shows her company commander approved her advancement to Specialist, E-4 effective 1 October 2001.

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 Board has considered the DA Form 4817 provided by the applicant. However, that DA Form 4187 is dated more than 6 months after the applicant separated from the Army. It provides no explanation of why it was not prepared prior to the applicant separating and provides no explanation of why the applicant was "erroneously flagged," which prevented her promotion in a timely manner.

3. The only evidence available concerning the circumstances surrounding the applicant's failure to be promoted in a timely manner is her self-authored statement. There is no corroborating evidence from her chain of command. Therefore, the Board concludes there is insufficient evidence on which to base granting the relief requested.

4. 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

__fne___ __sp____ __rd____ DENY APPLICATION



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




INDEX

CASE ID AR2003085297
SUFFIX
RECON
DATE BOARDED 20031007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 131.09
2.
3.
4.
5.
6.


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