MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            15 December 1999  
	DOCKET NUMBER:    AR1999029116

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Mr. Mark D. Manning		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 pay grade be restored to E-6 and that he be entitled to all back pay and allowances.   

APPLICANT STATES:  In effect, that he was reduced from staff sergeant (E-6) to private (E-1) and received an other than honorable discharge on 29 June 1977.  He contends that his discharge was upgraded to honorable in 1980.  He states that he feels an injustice was done by locking him up, reducing his rank to E-1 and discharging him out of the service with an other than honorable condition discharge.  He requests that his rank of staff sergeant (E-6) be returned to him and all pay and allowances be given to him.  In support of his application, he submits a letter of explanation, a copy of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 29 June 1977, a 28 October 1980 letter from the Office of the Adjutant General and the Adjutant General Center informing him of his discharge upgrade to honorable and a copy of a Certificate of Retirement.  

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

The applicant enlisted on 5 September 1972 for a period of 3 years.  He served as a tactical wire operations specialist, advanced to specialist four (E-4) and was honorably discharged on 3 December 1974 for immediate reenlistment.  He reenlisted on 4 December 1974 for a period of 5 years.  On 29 June 1977 the applicant was separated with an under other than honorable conditions discharge under the provisions of Army Regulation 635-200, chapter 10, for conduct triable by court- martial.    

Headquarters US Army Personnel Control Facility Orders 119-7, dated 21 June 1977, shows the applicant was reduced from specialist four (E-4) to private
(E-1) effective 20 June 1977 as a result of his voluntary request for discharge under the provisions of Army Regulation 635-200, chapter 10.

On 24 September 1980 the Army Discharge Review Board upgraded the applicant’s discharge to honorable and restored his pay grade to specialist four (E-4).  The applicant’s records contain an Honorable Discharge Certificate, dated 29 June 1977, which shows his rank as specialist four. 

The applicant’s personnel records fail to show that he was promoted to 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.  The Board noted the applicant’s request that his pay grade be restored to E-6 and he be entitled to all back pay and allowances.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he ever attained the rank of staff sergeant (E-6).   

2.  Evidence of record shows the applicant was reduced from specialist four
(E-4) to private (E-1) as a result of his discharge under the provisions of Army Regulation 635-200, chapter 10.   

3.  Evidence of record also shows the ADRB upgraded the applicant’s discharge to honorable and restored his pay grade to E-4.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 29 June 1977 shows his pay grade as E-4.  Therefore, there is no basis to restore his pay grade to E-6 and he is not entitled to back pay or allowances.  

4.  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.

5.  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

TNK____  EB______  MDM____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999029116	
SUFFIX		
RECON		
DATE BOARDED	19991215	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19770629	
DISCHARGE AUTHORITY	AR 635-200  Chapter 10	
DISCHARGE REASON	For conduct triable by court-martia	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	129.0500	
2.	128.0000	
3.		
4.		
5.		
6.