IN THE CASE OF:
BOARD DATE: 9 December 2008
DOCKET NUMBER: AR20080015872
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his earlier request to correct his Honorable Discharge Certificate to show his rank as specialist four.
2. The applicant states, in effect, that his Certificate of Release or Discharge from Active Duty (DD Form 214) clearly shows that his rank was [specialist four] pay grade E-4. He contends that he was promoted to specialist four at Fort Hood, Texas, before going to the Federal Republic of Germany. The promotion paperwork never caught up with him. He states that a mistake was made and that he was not eligible to reenlist. However, his captain told him that if he wanted to reenlist, the bar to reenlistment could be lifted. He further states that Fort Hood, Texas, was a joke, which is why he put himself on orders for overseas assignment. He also contends that he was being paid as an E-4.
3. The applicant provides no new supporting documentation. He does submit a partial copy of the previous Record of Proceedings, his DD Form 214, and his Honorable Discharge Certificate.
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 AR20080007419, on 19 August 2008.
2. The applicant argues that he was a specialist four at the time of his release from active duty and was being paid as such. He further clarified that he was promoted at Fort Hood, Texas, prior to his reassignment to the Federal Republic of Germany.
3. The Record of Proceedings, with enclosures, dated 19 August 2008 show:
a. that the applicant was promoted to private first class, pay grade E-3 on
1 February 1981;
b. that he was barred to reenlistment on 19 January 1982;
c. that he departed Fort Hood, Texas, en route to the Federal Republic of Germany on 23 February 1982;
d. that his DD Form 214 indicates he was promoted on 1 March 1982;
e. that he arrived at his overseas unit on or about 27 March 1982; and
f. that a Disposition Form (DA Form 2496) dated 4 November 1982 notified the applicant's commander to review the bar to reenlistment . It indicated that the applicant was a private first class, pay grade E-3.
4. There is no evidence of record showing that the applicant was promoted to specialist four, pay grade E-4 subsequent to his assignment at Fort Hood, Texas.
DISCUSSION AND CONCLUSIONS:
1. The applicant has not provided any documentation or sufficiently convincing argument showing that he was a specialist four, pay grade E-4 at the time of his release from active duty.
2. There are no available orders promoting the applicant to specialist four, pay grade E-4. Furthermore, there is no documentation to support the entry on the applicant's DD Form 214 showing him to be a specialist four at the time of his separation from active duty.
3. In view of the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ___X___ 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 AR20080007419, dated 19 August 2008.
__________X____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080015872
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080015872
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