MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:       28 October 1998        
	DOCKET NUMBER:   AC98-10305

	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	
	Ms. Gale Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Joan H. Langston		Chairperson	
	Mr. Curtis W. Barbee, Jr.		Member	
	Mr. Raymond V. O’Connor, Jr.		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 he retired in the pay grade of E-5.

APPLICANT STATES:  That his court-martial sentence in September 1961 only approved a fine of $55.00, and that on 1 July 1962 he was approved for a permanent promotion to pay grade E-5.

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

On 22 September 1960, he reenlisted in the Regular Army for a period of           3 years.  

On 21 September 1961, he was convicted by a summary court-martial for being absent without leave (AWOL) from 2400 hours on 9 September 1961 to 2400 hours on 10 September 1961.  He was sentenced to a forfeiture of $55.00 per month, for one month, and reduction to pay grade E-4.  Only so much of the sentence as provided for the forfeiture was approved and ordered executed.

On 5 November 1962, the applicant was reduced to pay grade E-4, under the provisions of Article 15, UCMJ, for being AWOL from 25-27 September 1962. 

The applicant requested that he be retired on 28 February 1963, or as soon thereafter as was practicable, and concurrently transferred to the United States Army Reserve (Retired Reserve) to complete his service obligation incurred under Title 10, United States Code, section 3914.

On 28 February 1963, the applicant was retired in pay grade E-4, and transferred to the U.S. Army Reserves.  His Report of Separation indicates he had 21 years, 1 month, and 6 days of total active service.  

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.  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.

2.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  The applicant was reduced to pay grade E-4, effective 27 October 1962, and was retired in the proper pay grade of E-4 on 28 February 1963.   

4.  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

_JHL____  ___CWB_  __RVO__  DENY APPLICATION

						Loren G. Harrell
						Director