PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           30 June 1999
	DOCKET NUMBER:   AC98-12762
				   AR1999018186

	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.  

	Mr. Loren G. Harrell		Director	
	Mr. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John P. Infante		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his rank at discharge be reinstated to staff sergeant (E-6), the rank he held prior to discharge.

3.  The applicant states that the Army Discharge Review Board (ADRB) upgraded his discharge from under other than honorable conditions to general, under honorable conditions, and he believes his rank should be restored accordingly.

4.  The applicant’s military records show that he enlisted on 10 April 1984 and served continuously until his discharge in December 1991.  His assignment history includes two overseas tours in Turkey.  He advanced rapidly and was promoted to staff sergeant on 1 August 1989.

5.  On 10 July 1991 the applicant’s commander recommended he be discharged for misconduct under the provisions of Army Regulation 635-200, chapter 14, for wrongful use of cocaine.  The applicant appeared before a board of officers on 14 November 1991, which supported the commander’s recommendation for discharge.  The separation authority, a major general, approved the recommendations and directed the applicant be issued an Other Than Honorable Discharge Certificate. He also directed the applicant be reduced to the lowest enlisted grade.

6.  The applicant was discharged on 19 December 1996 at Fort Dix, New Jersey, in the grade of private (E-1).  He had 7 years, 8 months and 10 days of creditable service.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 1-14 requires the separation authority to direct immediate reduction to the lowest enlisted grade when a member is to be discharged under other than honorable conditions.

8.  On 23 January 1997 the ADRB upgraded the applicant’s discharge to general under honorable conditions based on his more than 6 years of honorable service prior to the misconduct for which he was discharged.

CONCLUSIONS:

1.  The applicant’s reduction from staff sergeant to private was based solely on the separation authority’s decision to discharge him under other than honorable conditions.  The reduction was an administrative action, and not punitive.

2.  The ADRB decision to change the applicant’s discharge to general under honorable conditions in effect negates the administrative reduction in grade.  The rank of staff sergeant, which he held prior to his discharge, should therefore be reinstated.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing:

     a.  that his reduction to pay grade E-1 on 4 December 1991 is null and void; and

     b.  that he was discharged on 19 December 1991 in pay grade E-6.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12762/AR1999018186	
SUFFIX		
RECON		
DATE BOARDED	19990630	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	133.03	
3.		
4.		
5.		
6.