RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 08 May 2008
DOCKET NUMBER: AR20080000835
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.
Director
Analyst
The following members, a quorum, were present:
M
Chairperson
M
Member
M
Member
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
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that his rank and pay grade at the time of his release from active duty was specialist five (SP5)/E-5.
2. The applicant essentially states that he submitted three documents with his original application which showed that his rank and pay grade at the time of his release from active duty was SP5/E-5, but his request was denied. He also states, in effect, that he is providing additional information as requested by the Army Board for Correction of Military Records (ABCMR), namely, orders promoting him from specialist four (SP4)/E-4 to SP5/E-5 on 22 June 1964, and a pay voucher that he received at the time of his release from active duty indicating that he was paid correctly as a SP5/E-5. He further states, in effect, that although he initially indicated that there might be some monies involved, the proof that he was paid correctly as a SP5/E-5 shows that no money is involved in correcting his rank on his DD Form 214.
3. The applicant provides orders, dated 22 June 1964, which promoted him from SP4/E-4 to SP5/E-5, his DA Form 2349 (Military Pay Voucher) for the period 1 to 31 July 1964, and the military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20060015437 on 1 May 2007 in support of this application.
CONSIDERATION OF EVIDENCE:
1. Previously, it was determined that the evidence of record was contradictory, and that there were no orders promoting the applicant to SP5/E-5 or evidence from the Defense Finance and Accounting Service showing that the applicant was paid as a SP5/E-5. However, the applicant provided Headquarters, 4th Armored Division Special Orders Number 150, dated 22 June 1964, which promoted him from SP4/E-4 to SP5/E-5 with a date of rank of 22 June 1964. He also provided his DA Form 2349 for the period 1 to 31 July 1964, which, in
item 3, shows that his pay grade was E-5. Item 67 (Remarks) of this document also has an entry of "[Enlisted Member Promoted] to E-5 22 Jun 64."
2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
Based on the contradictory evidence in the applicant's previous case, it could not be conclusively established that his rank and pay grade at the time of his release from active duty was SP5/E-5. However, the applicant has now provided, in the form of promotion orders and a military pay voucher, evidence which conclusively proves, by a preponderance of the evidence, that the applicant was promoted to SP5/E-5 with a date of rank of 22 June 1964, and that this was his rank at the time of his release from active duty. Therefore, it would be appropriate at this time to correct his military records to show that his rank and pay grade at the time of his release from active duty was SP5/E-5.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20060015437, dated 1 May 2007. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that his rank and pay grade at the time of his release from active duty was SP5/E-5, and that his date of rank to SP5/E-5 was 22 June 1964.
___ XXX ___
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080000835
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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