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ARMY | BCMR | CY2005 | AR20050014836C070206
Original file (AR20050014836C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            22 JUNE 2006
      DOCKET NUMBER:   AR20050014836


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Gunlicks                |     |Chairperson          |
|     |Mr. Larry Olson                   |     |Member               |
|     |Ms. Peguine Taylor                |     |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 that the report of separation (DD Form 214)
pertaining to his father, a former service member (FSM) be corrected to
reflect that he was released from active duty (REFRAD) in the rank of
sergeant (SGT).

2.  The applicant states, in effect, that his father, a FSM attained the
rank of sergeant and his DD Form 214 should reflect that rank.

3.  The applicant provides a copy of the FSM’s DD Form 214 and a copy of
his birth certificate.

CONSIDERATION OF EVIDENCE:

1.  The FSM was inducted in Philadelphia, Pennsylvania, on 4 November 1964.
 He completed his basic combat training at Fort Jackson, South Carolina and
his advanced individual training (AIT) at Fort Polk, Louisiana.  Upon
completion of his AIT he was transferred to Hawaii for assignment to
Headquarters and Headquarters Company, 2nd Brigade, 25th Infantry Division,
for duty as a switchboard operator.

2.  On 25 November 1965, he was transferred to Vietnam with his unit for
duty as a motor messenger.  He was advanced to the pay grade of E-4 on 24
February 1966.

3.  He departed Vietnam on 25 October 1966 and was transferred to Oakland
Army Base, California, where he was honorably REFRAD in the pay grade of E-
4 on 26 October 1966, as an early overseas returnee.  He had served 1 year,
11 months, and 23 days of total active service and was transferred to the
United States Army Reserve (USAR) Control Group (Annual Training) to
complete his statutory service obligation.

4.  Orders contained in his records show that on 29 September 1967, the FSM
was released from assignment to Company A, 357th Quartermaster Battalion,
in the pay grade of E-4, and was reassigned back to the USAR Control Group
(Annual Training).

5.  A review of his records shows no evidence that the FSM was ever
advanced past the pay grade of E-4 while on active duty during the period
covered by the DD Form 214 dated 26 October 1966.



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 evidence that would satisfy this requirement.

2.  The applicant has failed to show through the evidence submitted with
his application or the evidence of record that the FSM was advanced to the
pay grade of E-5 prior to his REFRAD.

3.  Therefore, in the absence of evidence to the contrary, it must be
presumed that the FSM was properly REFRAD in the pay grade of E-4, as
currently reflected on his DD Form 214 and there appears to be no basis to
change that entry.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____JG  _  ____LO _  ____PT _  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 for correction of the
records of the individual concerned.





                                  _____James Gunlicks_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014836                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060622                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19661026                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 5, SEC VII               |
|DISCHARGE REASON        |O/S RTN (RAD)                           |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.129.0000              |302/PAY GRADE                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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