MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            31 May 2000
	DOCKET NUMBER:   AR2000041421

	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:

	Mr. James E. Vick		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		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 promoted to the pay grade of E-6 and advanced on the Retired list in that pay grade.

APPLICANT STATES:  In effect, that he was unjustly reduced from the pay grade of E-6 based on circumstances that were of a personal nature and were not military related.  Accordingly, he should be restored back to the pay grade of E-6 and advanced on the Retired list in that pay grade.

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

The applicant enlisted on 5 June 1946 and continued to serve through a series of continuous reenlistments.  He was promoted to the pay grade of E-5 on 1 March 1952 and to the pay grade of E-6 on or about March 1955. 

On 4 February 1956, after appearing before a board to determine if he should be reduced in grade for inefficiency, he was reduced to the pay grade of E-3.  A review of the board proceedings shows that the reduction was based on his inability to pass several tests on basic soldiering skills as documented by his low test scores. 

On 13 February 1956 he was convicted by a summary court-martial of being AWOL from 4 February to 5 February 1956 and of falsifying a leave form.  He was sentenced to a reduction to the pay grade of E-1, a forfeiture of pay, and restriction.

He subsequently attained the pay grade of E-5 on 7 October 1957 and was reduced to the pay grade of E-4 for misconduct on 18 November 1960.

He was again promoted to the pay grade of E-5 on 26 May 1962 and remained in that pay grade until he was honorably released from active duty on 30 September 1966 and was placed on the Retired list effective 1 October 1966, in the pay grade of E-5.  He had served 20 years, 1 month, and 5 days of total active service.

On 2 May 2000 the Army Grade Determination Board (AGDB) reviewed the applicant’s records and determined that he did not satisfactorily serve in the pay grade of E-6, as evidenced by his reduction from that pay grade for inefficiency and his conviction by court-martial 9 days later.  The AGDB determined that he should remain on the Retired list in 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 while on active duty, as determined by the Secretary of the Army, upon completion of 30 years of service.  This service may consist of combined active service and service in the USAR Control Group (Retired) and the Army Grade Determination Board is the agency that reviews the records and/or applications for advancement on the Retired list in behalf of the Secretary, for those who have attained 30 years of service.

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 advanced to and served satisfactorily in a higher grade prior to his being placed on the Retired list.  The Board finds that the applicant was reduced from the pay grade of E-6 less than a year after being promoted to that pay grade due to inefficiency.  He was subsequently further reduced in grade and over a period of 10 years failed to attain that pay grade again.  Therefore, the Board finds that he did not serve satisfactorily in that grade, that he was properly reduced in grade through an administrative board action, and that there is no basis for further advancement on the Retired list.

3.  The applicant’s contentions have been noted by the Board; however, they are not supported by the evidence submitted with his application or the evidence of record. 

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

___sk___  ___jev __  __jpi ____  DENY APPLICATION

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

INDEX

CASE ID	AR2000041421	
SUFFIX		
RECON		
DATE BOARDED	2000/05/31	
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.