MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 December 2000
	DOCKET NUMBER:   AR2000044255

	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. William Blakely .		Analyst	

  The following members, a quorum, were present:

	Ms. Ann M. Campbell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Jose A. Martinez		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 on the retired list to the pay grade of E-6.

APPLICANT STATES:  That Army Regulations allow for the restoration of the highest rank held on active duty after being retired 10 years.

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

The applicant honorably retired in pay grade of E-5 on 1 June 1983.  His awards include the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 60 Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, the Good Conduct Medal with Bronze Clasp, and the National Defense Service Medal.  His highest rank attained was staff sergeant.

On 28 March 1964 the applicant received nonjudicial punishment (NJP) for being absent during reveille formation, on 1 July 1965 for being absent from his appointed place of duty, on 18 February 1969 for failure to go to his appointed place of duty, and on 25 February 1977 for overpurchasing of controlled items.

While assigned to Fort Benning, Georgia the applicant received NJP on 
10 November 1981 for willful disobedience of another non-commissioned officer’s (NCO) order.  As punishment he was reduced to the grade of E-5 and required to forfeit $215.00 for 2 months.

The file indicates the applicant submitted a request to the Board to have the  punishment for the NJP dated 10 November 1981 set aside and to have the NJP removed from his official military personnel file.  The Board denied his request on 16 January 1985.

The applicant requested advancement on the retired list to the pay grade of E-6 to the Army Grade Determination Board (AGRDB).  The AGRDB determined that the applicant did not serve satisfactorily at the pay grade of E-6 and denied his request for advancement on the retired list on 17 March 1994.

Title 10, United States Code, Section 3964, provides that a retired enlisted member or warrant officer of the Army who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily, (or, in the case if a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Army.

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 Board concurs with the findings of the AGRDB that the applicant did not serve satisfactorily at the pay grade of E-6 as evidenced by his reduction by NJP for disobeying a lawful order and that he should be retained on the retired list in the pay grade of E-5.

2.  The applicant compromised the special trust and confidence placed in him as an NCO.  The applicant, as an NCO had the duty to support and abide by all orders issued to him.  His misconduct diminished the quality of his service below that meriting advancement on the retired list to the pay grade of E-6.

3.  Based upon the applicant’s overall service, the Board concluded that the applicant’s retired pay grade of E-5 was the highest grade he held satisfactorily while on active duty.

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

__AMC__  __ALR___  _JAM___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044255	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001205	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	129.04	
2.		
3.		
4.		
5.		
6.