IN THE CASE OF:
BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090020483
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 request for correction of Item 3a (Grade, Rate, or Rank) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 23 October 1964, to show his rank as specialist four (SP4)/pay grade E-4.
2. The applicant states that he is submitting copies of his medical records that will substantiate his rank as SP4 at the time of his final physical examination.
3. In support of his request for reconsideration, the applicant provides copies of his 1964 Standard Form (SF) 88 (Report of Medical Examination), SF 89 (Report of Medical History), and SF 600 (Chronological Record of Medical Care).
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 AR200900009280, dated 27 October 2009.
2. The applicant now provides copies of an SF 88, SF 89, and SF 600, all dated 24 September 1964, that show his rank as SP4/pay grade E-4. This is new evidence that requires reconsideration of his previous request.
3. The applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 26 October 1961, for 3 years. He was advanced to pay grade E-3 on 10 December 1963.
4. He was honorably released from active duty on 23 October 1964, due to expiration term of service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). He was issued a DD Form 214 that shows his rank as private first class (PFC)/E-3 (Permanent) in Item 3a and the date of
10 December 1963 in Item 3b (Date of Rank).
5. There is no evidence he was promoted to pay grade E-4 during his period of service from 26 October 1961 to 23 October 1964.
6. He enlisted in the USAR in pay grade E-4 on 2 May 1975 and served continuously in the USAR until he was discharged in pay grade E-4 on 1 June 1982. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows he had prior service in the Regular Army and was released on 23 October 1964 in pay grade E-3. This document contains his initials as verification of the data contained therein.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were considered; however, there is an insufficient evidentiary basis to support granting the requested relief. The evidence shows he enlisted in the Regular Army on 26 October 1961 and he was promoted to PFC/pay grade E-3 on 10 December 1963. He held this rank on the date of his release from active duty and transfer to the USAR on 23 October 1964. Therefore, he is not entitled to correction to Item 3a of his DD Form 214, dated 23 October 1964, to show the rank of SP4/E-4.
2. He has not provided sufficient evidence such as a promotion order or final pay records, and there is no evidence of record to confirm he was promoted to pay grade E-4 prior to 23 October 1964. The records show the highest grade he held during his period of service in the Regular Army was pay grade E-3. His records show he was promoted to pay grade E-4 upon his enlistment in the USAR on 2 May 1975 and he was discharged from the USAR in that grade in 1982.
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.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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 AR20090009280, dated 27 October 2009.
_______ _ __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) AR20090020483
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ABCMR Record of Proceedings (cont) AR20090020483
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