RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 February 2005
DOCKET NUMBER: AR20040001660
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. Melvin H. Meyer | |Chairperson |
| |Ms. Linda M. Barker | |Member |
| |Mr. Larry J. Olson | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, reconsideration of his request that
his records be corrected to show he was promoted to the pay grade of E-4.
2. The applicant states, in effect, that the decision of the Board in his
case was not fair. He claims that the Board used technicalities to deny
his request that were not warranted given the extreme circumstances under
which he served. He claims he has no additional evidence to provide to
support his claim, but believes he is entitled to the promotion based on
his service during the height of the conflict in the Republic of Vietnam
(RVN). He claims he suffers from a Post Traumatic Stress Disorder (PTSD)
and he requests he be given his due as a veteran of the RVN.
3. The applicant provides a self-authored letter in support of his
application.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003095577 on
1 April 2004.
2. The applicant’s record confirms he was inducted into the Army and
entered active duty on 28 December 1965. His Enlisted Qualification Record
(DA Form 20) confirms, in Item 33 (Appointments and Reductions), that he
was promoted to the rank and pay grade of private first class/E-3 (PFC/E-3)
on
3 October 1966 and that this is the highest rank he attained while serving
on active duty.
3. The applicant’s DA Form 20 also confirms that he served in the RVN from
9 November 1966 through 25 October 1967. Item 41 (Awards and Decorations)
shows that during his tenure on active duty, he earned the National Defense
Service Medal, Vietnam Service Medal and Vietnam Campaign Medal. Item 48
(Date of Audit) shows the applicant last audited his DA Form 20 on 24 April
1967.
4. The applicant’s Military Personnel Records Jacket (MPRJ) contains no
orders or other documents indicating that the applicant was ever
recommended for or promoted to the pay grade E-4 by proper authority during
his tenure on active duty.
5. On 28 October 1967, the applicant was honorably separated after
completing 1 year, 10 months and 1 days of active military service. The
separation document (DD Form 214) he was issued on the date of his
separation confirms, in Item 5a (Grade, Rate or Rank) and Item 5b (Pay
Grade), that he held the rank and pay grade of PFC/E-3 on the date of his
separation. Item 6 (Date of Rank) shows he was promoted to that rank and
pay grade on 3 October 1966. The applicant authenticated the DD Form 214
with his signature in Item 32 (Signature of Person Being Transferred or
Discharged).
DISCUSSION AND CONCLUSIONS:
1. The applicant’s claim that he should be promoted based on his RVN
service was carefully considered. However, the evidence of record confirms
the highest rank and pay grade he attained during his active duty service
was PFC/E-3, as evidenced by his DA Form 20 and DD Form 214.
2. Further, the applicant’s MPRJ is void of orders or other documents
indicating that he was ever recommended for or promoted to a higher rank
and pay grade by proper authority during his active duty tenure. As a
result, there is an insufficient evidentiary basis to support granting the
requested relief in this case.
3. 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 new evidence to satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___MHM_ __LJO __ __LMB__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR2003095577, dated 1 April 2004.
____Melvin H. Meyer ____
CHAIRPERSON
INDEX
|CASE ID |AR20040001660 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/02/03 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |1967/10/28 |
|DISCHARGE AUTHORITY |AR 635-200 |
|DISCHARGE REASON |OS Rtn |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. 310 |131.0900 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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