MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            14 July 1999                  
	DOCKET NUMBER:    AR1999017318

	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. Samuel A. Crumpler		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. John Saputo		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:  Correction of his military records to show he was not reduced and was retired in pay grade E-6.

APPLICANT STATES:  He had medical problems at the time, which were not diagnosed properly, and which led to his reduction from E-6 to E-5.

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

The applicant was medically retired with 17 years with a 30 percent disability rating (arteriosclerotic heart disease with angina), effective 3 December 1986.  He was retired in pay grade E-5.

Prior to his separation, on 22 September 1986, he was charged with disobeying the Deputy Installation Commander’s orders to not operate a motor vehicle on any military installation, in violation of Article 92, UCMJ.  He did not demand trial by court-martial.  He then received nonjudicial punishment under Article 15, UCMJ, for failure to obey a lawful order not to drive on post.  His punishment was reduction from pay grade E-6 to E-5.  His punishment included forfeiture of $614.00 pay for 1 month, suspended until 22 March 1987.  His appeal of the punishment was denied.  It was noted that the proceedings were conducted in accordance with the law and regulations and the punishments imposed were neither unjust or disproportionate to the offense committed.

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.  The applicant is not entitled to correction of his pay grade at retirement on 
3 December 1986 from E-5 to E-6.  He has not shown error, injustice or inequity for the relief he is requesting.

2.  The Board concludes the applicant’s heart disease at the time did not cause him to receive nonjudicial punishment for driving on post when he was ordered not to do so.  His reduction was based on his misconduct.  He was not denied his rights in the matter.  He declined trial by court-martial, and he appealed the punishment of reduction.  His appeal was properly considered and it was denied. He was then properly retired in pay grade E-5 effective 3 December 1986.

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 the aforementioned requirement.

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

sac_____  emw ____  js ______  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999017318	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 July 14	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.