MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:            6 January 1999        
	DOCKET NUMBER:   AC98-13024
                                              AR1998012299

	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. Jessie B. Strickland		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas D. Howard, Jr.		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Curtis W. Barbee		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 general discharge be upgraded and that he be restored to the pay grade of E-4 at the time of his discharge.

APPLICANT STATES:  That he desires to have his general discharge upgraded to honorable and to be reinstated to the pay grade of E-4 because he was discharged in the pay grade of E-1 in error.

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

The applicant enlisted in the Army National Guard on 4 April 1986 for a period of 8 years and was promoted to the pay grade of E-4 on 1 February 1989.

On 1 June 1992 the applicant was discharged under honorable conditions from the Texas Army National Guard in the pay grade of E-4 under the provisions of National Guard Regulation 635-200, paragraph 8-27g, for unsatisfactory participation.  He had served 6 years, 1 month, and 28 days of service for pay purposes.  He was then transferred to the USAR Control Group (Annual Training) to fulfill the remainder of his statutory service obligation.

A review of the applicant’s records failed to reveal any further discharges since 1992.  Additionally, his records failed to reveal that he was reduced in grade at the time of his discharge.

The applicant applied to the Army Discharge Review Board (ADRB) on 15 September 1998 for an upgrade of his discharge.  The ADRB determined that based on the information available in his records, that he was properly discharged.  The ADRB denied his request on 20 November 1998. 

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

2.  Not only has the applicant failed to show that he was improperly discharged under honorable conditions, he has also failed to show that he was improperly reduced in grade at the time of his discharge.

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

___tdh__  ____lls____  ___cwb__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-13024	
SUFFIX		
RECON		
DATE BOARDED	1999/01/06	
TYPE OF DISCHARGE	 GD	
DATE OF DISCHARGE	1992/06/01	
DISCHARGE AUTHORITY	AR635-200, para 8-27g	
DISCHARGE REASON		
BOARD DECISION	NC	
REVIEW AUTHORITY		
ISSUES         1.  A01.35		
2.  129.05		
3.		
4.		
5.		
6.