MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            12 May 1999                  
	DOCKET NUMBER:   AR1998014025

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. James E. Anderholm		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS: That his records be corrected to show an adjustment to his date of promotion to pay grade E-5.

APPLICANT STATES: That a date of rank adjustment will correct his records for future promotions.  The applicant has provided copies of his 1 August 1986 Regular Army promotion; his 11 February 1991 non-judicial punishment; and, his 1 March 1998 Army Reserve promotion, which are attached.

EVIDENCE OF RECORD:  The applicant's military records show:

On 27 July 1983, the applicant enlisted in the Regular Army.  He was promoted to pay grade E-5, effective 7 July 1986.

On 11 February 1991, he accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for writing numerous checks without sufficient funds during the period 30 January and 22 November 1989 and one check on or about 7 January 1990.  Punishment included a reduction to pay grade E-4 and 45 days extra duty was imposed.  The applicant did not appeal the punishment.

On 4 June 1991, the applicant was separated, in pay grade E-4, under Army Regulation 635-200, chapter 4, based on the expiration of his term of service.

On 5 June 1991, the applicant enlisted in the Army Reserve, in pay grade E-4 and on 1 March 1998, was promoted to pay grade E-5.

Army Regulation 140-158 (Army Reserve – Enlisted Personnel Classification, Promotion, and Reduction), indicates, in pertinent part, that the date of rank will be the effective date of the order or the future effective date of the promotion.  The date of rank may precede the effective date of promotion to correct an administrative error.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  There was no error or injustice in the reduction to pay grade E-4; therefore, there is no justification to adjust the effective date of his promotion to pay grade E-5 in the Army Reserve.

2.  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 the aforementioned requirement.

3.  In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________ GRANT

________  ________  ________ GRANT FORMAL HEARING

GDP____  AAO_____  JEA____ DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998014025	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 May 12	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19910604	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	Chapter 4 (ETS)	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.131	Promotion to E-5	
2.		
3.		
4.		
5.		
6.