MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 October 1999                   
	DOCKET NUMBER:   AR1999018141

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Mr. Ernest W. Lutz, 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 he be reinstated as a Sergeant First Class (SFC), E-7 on the Retired List.

APPLICANT STATES:  That he was told he could request reinstatement to SFC when he completed 30 years service.

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

After having had prior service in the U. S. Army Reserve, he enlisted in the Regular Army on 5 July 1968.  

On 29 May 1973, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for sleeping while on charge of quarters duty.

The applicant was promoted to SFC on 7 January 1982.

On 16 February 1983, the applicant was convicted by a general court-martial on two charges: charge I, from on or about 1 March until on or about 31 August 1982, he failed to take action to report known wrongful use of marijuana (in the hashish form) in his platoon; charge II, from on or about 1 March until on or about 30 June 1982, wrongfully have in his possession and wrongfully use marijuana (in the hashish form).  His approved punishment was to be reprimanded, reduced to E-1, forfeit $382.00 pay for 3 months and perform hard labor without confinement for 3 months.

The applicant was promoted back to Staff Sergeant, E-6 on 1 August 1985.  He retired on 1 March 1988 after completing 20 years creditable service. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 12 provides that retired soldiers, when their active service plus service on the retired list total 30 years, are entitled to be advanced on the retired list to the highest grade in which they served on active duty satisfactorily.  When these soldiers complete 30 years of service, their military personnel records are reviewed to determine whether service in the higher grade was satisfactory.

On 20 August 1999, the Army Grade Determination Board determined the highest grade in which the applicant served satisfactorily for the purpose of computation of retired pay is his current retired grade of Staff Sergeant, E-6.

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.  The evidence of record shows the applicant was promoted to SFC on             7 January 1982.  He was convicted the following year by a general court-martial of offenses that commenced on or about 1 March 1982, less than two months after he was promoted, and continued until on or about 31 August 1982, six months later.

3.  The Board concludes the applicant does not meet the requirement to have satisfactorily served on active duty in the rank of SFC that would entitle him to advancement on the Retired List.

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

__ew____  __tbr___  __ewl___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018141	
SUFFIX		
RECON		
DATE BOARDED	19991014	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	136.06	
2.		
3.		
4.		
5.		
6.