MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            13 July 2000
	DOCKET NUMBER:   AR2000038404

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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:  In effect, that he be advanced on the Retired List to the pay grade of E-7.

APPLICANT STATES:  In effect, that right after the Korean War was over his platoon and company were pulled from the front lines at a time in which he was the platoon sergeant.  At that time a couple of his sergeants obtained a couple of bottles of whiskey and he drank too much and got into a fight with a junior soldier.  He goes on to state that he believes that it was a minor violation and the punishment he received (a reduction and fine) was too severe considering that his service record was good.

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

He enlisted on 7 November 1945 and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-6 on 30 July 1951 and to the pay grade of E-7 on 31 July 1953.

On 16 August 1953 he was convicted by a summary court-martial of engaging in a fist-fight with a private first class on 11 August 1953.  He was sentenced to reduction to the pay grade of E-6 and a forfeiture of pay.

On 3 December 1965 he submitted an Application for Voluntary Retirement (DA Form 2339) in which he requested retirement for length of service to be effective 28 February 1966.  His request was approved and he was released from active duty on 28 February 1966 and was transferred to the USAR Control Group (Retired) in the pay grade of E-6, effective 1 March 1966.  He had served 20 years, 3 months, and 24 days of total active service. 

The Army Grade Determination Review Board (AGDRB) reviewed the applicant’s records on 24 May 2000 to determine if he should be advanced on the Retired List to the pay grade of E-7.  The AGDRB determined that his reduction from the pay grade of E-7 to E-6 for assaulting a private just 2 weeks after he had been promoted did not constitute satisfactory service in the higher grade and voted to deny advancement on the Retired List.

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 completing 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.  In order to be advanced to a higher grade on the Retired List, the applicant must have at some time been properly advanced to and satisfactorily served in a higher grade prior to his being placed on the Retired List.  The Board finds, as did the AGDRB, that the circumstances surrounding his reduction in grade shortly after being promoted to the pay grade of E-7, does not constitute satisfactory service in that grade.  Therefore, there is no basis to advance him on the Retired List.

3.  The Board also finds the applicant’s contention that his punishment was too harsh to be without merit.  The applicant was a senior NCO who violated the trust placed in him when he engaged in a fist-fight with a private.  Accordingly, the Board finds that the punishment was appropriate under the circumstances.

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

___ja ___  ___mm__  __jlp ____  DENY APPLICATION

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

INDEX

CASE ID	AR2000038404	
SUFFIX		
RECON		
DATE BOARDED	2000/07/13	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900/ADV ON RET LIST	
2.		
3.		
4.		
5.		
6.