PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:            22 July 1999
	DOCKET NUMBER:   AR1999021865

	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 E. Weightman		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. Raymond J. Wagner		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 military records now be corrected to show his rank as sergeant first class (pay grade E-7), and also to show that he was discharged on 23 September 1992 in that rank.

3.  The applicant states he was reduced from pay grade E-7 to E-1 based on his discharge under other than honorable conditions, but now that the discharge has been upgraded to a general discharge, under honorable conditions, his rank should be restored.

4.  The applicant’s military records show that he served on active duty and in the Reserve until 15 October 1991, when he was called to active duty in support of Operation Desert Shield/Desert Storm.  He was called to active duty as a sergeant first class with a date of rank of 4 May 1986.  He served his active duty at the Reserve Personnel Center, St. Louis, Missouri.

5.  While on active duty he was recommended for an under other than honorable conditions discharge, for misconduct for possession and illegal drug use.  A board of officers convened on 14 September 1992 and determined the applicant engaged in this misconduct and recommended an under other than honorable conditions discharge for that reason.  The recommendation was approved and he was scheduled for discharge.

6.  On 23 September 1992 he was discharged under the authority of Army Regulation 635-200, paragraph 14-12c(2) for misconduct – abuse of illegal drugs.  His character of service was under other than honorable.  He was reduced from pay grade E-7 to E-1 based on the character of service of an under other than honorable conditions discharge, and he was separated in pay grade E-1.

7.  On 7 October 1997 the applicant’s discharge was upgraded to general, under honorable conditions, based on a Discharge Review Board action.  His rank/grade was not changed at that time.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  Individuals separated with a characterization of service as under other than honorable conditions will be reduced to pay grade E-1 and separated in that grade.  The regulation does not provide for reduction of those individuals receiving a characterization of a general discharge, under honorable conditions.
CONCLUSIONS:

1.  The applicant is entitled to the restoration of his rank to sergeant first class/pay grade E-7 based on the upgrade of his discharge characterization, from an under other than honorable conditions discharge, to a general discharge, under honorable conditions.

2.  The reduction to pay grade E-1 was specifically based on the characterization at the time of his under other than honorable conditions discharge.  Since the discharge has now been upgraded, his previously held pay grade of E-7 should be restored.

3.  The preceding is based on the provisions of pertinent regulations.

4.  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 the individual concerned was discharged on 23 September 1992 in the rank/pay grade of sergeant first class/pay grade E-7, with a date of rank of 
4 May 1986.

BOARD VOTE:  

cmf_____  tnk_____  rjw _____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999021865	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 July 22	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.