MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 September 2000
	DOCKET NUMBER:   AR2000043067

	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. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		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:  Advancement on the Retired List to the pay grade of E-6.

APPLICANT STATES:  In effect, that the highest grade he held while on active duty was the pay grade of E-6 and he now desires to be advanced to that grade after having attained 30 years of service.

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

He was inducted on 7 June 1967 and served until he was honorably released from active duty (REFRAD) on 9 January 1969 as an overseas returnee.  He was transferred to the United States Army Reserve (USAR) where he served until he enlisted in the Regular Army on 29 June 1970 for a period of 3 years.  He remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-6 on 4 June 1980.

On 15 November 1982, while stationed in Korea, nonjudicial punishment (NJP) was imposed against him for failure to report a traffic accident, for driving while drunk and injuring a Korean National, and for leaving the scene of an accident without providing assistance to the Korean National whom he had injured.  His punishment consisted of a reduction to the pay grade of E-5. 

The applicant appealed the punishment contending that it was too harsh and asserting that there was a question as to whether or not he had actually been involved in the accident.  The battalion commander provided that he had been present when the military police investigator provided evidence to show that there were eye witnesses available and that a mirror found at the scene matched the applicant’s car.  The brigade commander denied the applicant’s appeal.

On 30 November 1988 the applicant was REFRAD and was transferred to the Retired List in the pay grade of E-5 effective 1 December 1988.  He had served 20 years and 5 days of total active service.

On 8 June 2000, the Army Grade Determination Review Board (AGDRB) reviewed the applicant’s records to determine if he should be advanced on the Retired List to the highest grade held while on active duty.  The AGDRB noted that NJP had been imposed against the applicant on four separate occasions.  The NJP’s were imposed on 28 December 1970 for being in an off-limits area and 9 December 1975, 25 January 1978, and 15 November 1982 for driving while intoxicated.  The AGDRB also noted that he was barred from reenlistment and that his last NJP was the third offense for drunken driving.  The AGDRB determined that based on his disciplinary history, his service in the pay grade of E-6 was not satisfactorily served and voted unanimously to deny him advancement on the Retired List in that grade. 

Title 10, United States Code, provides, in pertinent part, that enlisted personnel may be advanced in grade to the highest grade satisfactorily held on active duty, 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 this 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 applicant’s service in the pay grade of E-6 was not satisfactorily served, as evidenced by his reduction from that pay grade due to his third offense of driving under the influence of alcohol and which resulted in an injury to a local national.

3.  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 ____  ____fe __  __cmf___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043067	
SUFFIX		
RECON		
DATE BOARDED	2000/09/12	
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.