RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 September 2007
DOCKET NUMBER: AR20070004489
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.
Ms. Catherine C. Mitrano
Director
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. Larry C. Bergquist
Chairperson
Ms. Marla J. N. Troup
Member
Ms. Ernestine I. Fields
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 reconsideration of the denial of his request to correct his records to change his pay grade from E-6 to E-7.
2. The applicant states, in effect, that he has documents that can prove he was paid as a sergeant first class/pay grade E-7. He has served his country to the best of his ability and should be compensated for his service at pay grade E-7.
3. The applicant provides copies of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge); medical records; Letter of Commendation; and Headquarters, 99th Field Artillery Battalion, Special Orders Number 116, dated 25 July 1955.
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 AR20060001064, on 15 August 2006.
2. In its original decision the ABCMR found that the applicant was last promoted to the rank of sergeant first class with a corresponding pay grade of
E-6 on 3 May 1958 and that was his highest rank and pay grade he held on active duty. The applicant was never promoted beyond pay grade E-6. As a result, there was no basis to support granting the requested relief.
3. The applicant has not provided any new evidence. However, he submits new arguments which require that his case be reconsidered by the ABCMR.
4. The copies of the medical records; Letter of Commendation; and Headquarters, 99th Field Artillery Battalion, Special Orders Number 116, dated 25 July 1955, only shows that the applicant held the rank as sergeant first class with corresponding pay grade E-6. However, these documents do not indicate he was paid in pay grade E-7.
5. The applicant's military records show he was a sergeant with corresponding pay grade E-5 before he was appointed to the temporary grade of sergeant first class with corresponding pay grade E-6.
6. Special Regulation 615-360-1 (Separation of Enlisted Personnel), paragraph 13, in effect at the time, provided for the preparation of the DD Form 214. This paragraph provided, in pertinent part that the grade in which the individual was serving at the time of separation, whether the grade was permanent or temporary, and the date of appointment would be entered in Item 3a (Grade, Rate or Rank) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his pay grade should be changed from E-6 to
E-7.
2. However, there is no evidence to support his claim that he was promoted beyond pay grade E-6. The applicant has failed to provide financial documents to prove he was paid as an E-7. Therefore, he is not entitled to correction of his records to show he was promoted to pay grade E-7.
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 evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___eif___ ___mjnt__ ___lcb_ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 AR20060001064, dated 15 August 2006.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_________Larry C. Bergquist________
CHAIRPERSON
INDEX
CASE ID
AR20070004489
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070911
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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