RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 November 2004
DOCKET NUMBER: AR2004100362
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. Fred Eichorn | |Chairperson |
| |Mr. John T. Meixell | |Member |
| |Mr. Robert J. Osborn | |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 for
promotion to staff sergeant (SSG).
2. The applicant states, in effect, that he passed his SSG tests in Korea,
but transferred back to the Untied States prior to being promoted.
3. The applicant provides no documentary evidence in support of his
application.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records that were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003095972, on
9 March 2004.
2. In its original conclusions, the Board found that the evidence of
record confirmed the applicant was promoted to the rank of sergeant (SGT)
on
13 November 1968, but failed to show he was ever recommended for or
promoted to SSG prior to his separation from active duty.
3. The applicant’s Enlisted Qualification Record (DA Form 20) shows he
entered active duty on 7 August 1967. He was trained and served in
military occupational specialty (MOS) 11B (Infantryman) and he served in
Korea from
23 December 1967 through 7 January 1969. Item 33 (Appointments and
Reductions) confirms that he was promoted to the temporary rank of SGT on
18 November 1968, and this was the highest rank he attained while serving
on active duty. The applicant audited this record on 20 February 1969.
4. The applicant’s Military Personnel Records Jacket (MPRJ) contains no
orders or other documents that indicate he was ever recommended for or
promoted to SSG.
5. On 6 August 1969, the applicant was honorably separated after
completing
2 years of active military service. The separation document (DD Form 214)
he was issued confirms, in Item 5a (Grade, Rate of Rank), that he held the
rank of SGT on the date of his separation. The applicant authenticated
this document with his signature in Item 32 (Signature of Person Being
Transferred or Discharged).
DISCUSSION AND CONCLUSIONS:
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 new evidence not previously considered by the Board during its
original deliberations that would satisfy this requirement.
2. The evidence of record confirms the highest rank attained by the
applicant during his active duty service was SGT, as evidenced by his DA
Form 20 and
DD Form 214. Further, his MPRJ is void of orders or other documents
indicating that he was ever recommended for or promoted to SSG. As a
result, there is an insufficient evidentiary basis to support granting the
requested relief in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___RJO _ ___FE__ ___JTM__ 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 AR2003095972, dated 9 March 2004.
____Fred Eichorn_________
CHAIRPERSON
INDEX
|CASE ID |AR2004100362 |
|SUFFIX | |
|RECON |2004/03/09 AR2003095972 |
|DATE BOARDED |2004/11/23 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |1969/08/06 |
|DISCHARGE AUTHORITY |AR 635-200 |
|DISCHARGE REASON |ETS |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. 310 |131.0900 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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