MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  15 August 2000
	DOCKET NUMBER:  AR2000038125

	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. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas D. Howard		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Gail J. Wire		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:  The applicant requests that his records be corrected to show he was separated in pay grade E-8 and that a military training course be included in the Military Education block of his DD Form 214 (Certificate of Separation or Discharge from Active Duty).

APPLICANT STATES:  The applicant states that he was promoted to pay grade E-8 and received pay for that grade from 1 January to 30 September 1998.  He provides a copy of his Service School Academic Evaluation Report for the period 9 June to 19 August 1997 and completion of the “SF Asst Opns & Intel SGT Course 05-97.”

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

The applicant’s military records show that on 1 November 1984, the applicant enlisted in the Army.  He completed his required training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was promoted to sergeant first class (SFC), pay grade E-7, effective 1 June 1993.

In 1996, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for driving under the influence (DUI).  His punishment is not shown in the available records.

In 1997, he again accepted NJP under Article 15, UCMJ for DUI.  His punishment is not shown in the available records.

During the period 9 June to 19 August 1997, he completed the SF Operations and Intelligence Sergeant Course. 

On 15 November 1997, he was arrested by Fayetteville, North Carolina law enforcement authorities for driving while impaired (DWI).

Effective 15 November 1997, a flagging action was imposed against him for his offense.

On an unspecified date, he was issued a General Officer Memorandum of Reprimand (GOMOR) for his DWI.

On 11 December 1997, he acknowledged receipt of that GOMOR.

On 1 January 1998, Order Number 346-15, Headquarters (HQ), Department of the Army (DA) erroneously announced his promotion to master sergeant (MSG), pay grade E-8.

On 15 April 1998, he acknowledged that he was being removed from the MSG Promotion List by HQ, DA Officials based on his prior acceptance of NJP’s and for receipt of a GOMOR.  He was not in a promotable status at the time the promotion order was published; therefore, the order was not valid.

On 15 July 1998, he was removed from the MSG Promotion List.

On 24 August 1998, he requested early separation under Army Regulation 635-200, chapter 5, paragraph 5-3, secretarial authority.

On 21 September 1998, the Commander, Personnel Command approved his request for early separation and directed his separation date be 30 September 1998.  It was also directed that the local finance offices take action to recoup any money due to the Government to include any reenlistment bonus.

On 30 September 1998, he was honorably separated, in pay grade E-7, under the above-cited regulation.  His report of separation (DD Form 214) indicates he had 13 years and 11 months of creditable service.

Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 5 (Separation for the Convenience of the Government) indicates, in pertinent part, that a soldier may request early separation for the convenience of the Government. 

Army Regulation 635-5 (Personnel Separation Documents) indicates, in pertinent part, that the training courses for combat skills will not be listed on the DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 evidence of record shows the applicant was removed from the MSG Promotion List and, in effect, not promoted to that rank.  Furthermore, the separation approval directed repayment of the difference in SFC and MSG pay in addition to any reenlistment bonus.

2.  He is not entitled to correction of his DD Form 214 to show his rank as MSG.  He was properly separated in the rank of SFC.  He has not shown otherwise.

3.  By regulation, training courses for combat skills will not be listed on the DD Form 214.

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 this 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

__th___  ___ao___  __gw___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000038125	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000815	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.110	SFC to MSG and school	
2.		
3.		
4.		
5.		
6.