MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            9 March 2000
	DOCKET NUMBER:   AR2000037980

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas D. Howard, Jr.		Member	
	Ms. Carol Jo Suiter		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 advanced to the pay grade of E-6 on the Retired list.

APPLICANT STATES:  In effect, that the highest grade he held was the pay grade of E-6 and he desires to be advanced to that grade on the Retired list at this time.

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

The applicant enlisted on 25 May 1966 and remained on active duty as a vehicle mechanic through a series of continuous reenlistments.  His record of promotions show that he was promoted to the pay grade of E-5 on 30 June 1969 and remained in that grade until he was reduced to the pay grade of E-4 on 8 January 1977.  He was again promoted to the pay grade of E-5 on 15 May 1978 and remained in that grade until he was promoted to the pay grade of E-6 on 5 July 1981.

His records show that while serving in the pay grade of E-6 he received three evaluation reports that ranged from average to poor to relief for cause.  The reports indicate the applicant’s demonstrated inability to perform at the pay grade of E-6.  Additionally, nonjudicial punishment (NJP) was imposed against him for driving under the influence of alcohol and he received a letter of reprimand for failure to pay his debts.  On 8 November 1983 a bar to reenlistment was imposed against him for his disciplinary record and failure to respond to counseling sessions regarding non-payment of debts, writing bad checks, lying to a commissioned officer, disregarding instructions from a superior officer, and failure to demonstrate the proper responsible conduct required of an NCO.

He also received a letter of reprimand on 18 November 1983 for being arrested by the Texas Highway Patrol for driving while intoxicated with a suspended license, dereliction of duty, and failure to set the example of an NCO.

On 4 September 1984 NJP was imposed against the applicant for wrongfully operating a motor vehicle with a suspended license.  His punishment consisted of a reduction to the pay grade of E-5 and a forfeiture of pay.  In addition, his security clearance was also subsequently revoked in a separate action.

On 10 January 1985 NJP was imposed against him for his failure to go to his place of duty as the charge of quarters and for being intoxicated due to his overindulgence in alcohol to the point that he could not perform his duties.  His punishment consisted of a reduction to the pay grade of E-4 and a forfeiture of pay.

On 26 March 1985 he was arrested and confined by civil authorities in Bell County, Texas until 28 March 1985.
He again received a letter of reprimand on 23 September 1985 due to his being arrested by civil authorities for driving under the influence of alcohol on 9 August 1985.

On 7 February 1986 NJP was imposed against him for failure to go to his place of duty.  His punishment consisted of a reduction to the pay grade of E-3 (suspended) and a forfeiture of pay (suspended).

The applicant was honorably released from active duty on 31 May 1986 and was placed on the Retired list in the pay grade of E-4 effective 1 June 1986.  He had served 20 years of total active service.

The applicant’s case and records were reviewed by the Army Grade Determination Board on 8 February 2000 to determine the highest grade satisfactorily held by him while on active duty.  The Board determined that the highest grade he had satisfactorily held was that of the pay grade of E-5.  That board directed that he be advanced on the Retired list to the pay grade of E-5.

Title 10, United States Code, provides, in pertinent part, that enlisted personnel may be advanced in grade to the highest grade satisfactorily held, as determined by the Secretary of the Army, upon completion 30 years of service.  This service may consist of combined active service and service in the USAR Control Group (Retired).

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 clearly indicates that the applicant did not satisfactorily perform his duties in the pay grade of E-6 and that as a result of his repeated misconduct and failure to demonstrate the conduct and performance expected of that grade, he was reduced to the pay grade of E-5. 

3.  Accordingly, the Board concurs that the highest grade he satisfactorily held was that of an E-5 and the Board finds no basis to advance him further than the pay grade of E-5 as directed by the AGDB.

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

___cs___  ___tdh___  ____jh __  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR2000037980	
SUFFIX		
RECON		
DATE BOARDED	2000/03/09	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  306 	129.0400/HI GRD HELD	
2.		
3.		
4.		
5.		
6.