MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 December 2000
	DOCKET NUMBER:   AR2000044346

	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. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Harry B. Oberg		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-7.

APPLICANT STATES:  In effect, that he was previously informed at the time of his retirement that he would be advanced on the Retired List to the highest grade he held, which was the pay grade of E-7 from 1969 to 1973.  

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

He initially enlisted in the National Guard on 14 January 1952 and served until he was honorably discharged on 14 September 1953 to enlist in the Regular Army.  He enlisted in the Regular Army on 15 September 1953 and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 10 February 1969 and was serving as a clinical specialist.

He was hospitalized from 16 September to 22 September 1971 for an overdose of valium complicated by alcohol and a determination was made that it was not in line of duty.

In June 1972 he was admitted to a halfway for alcohol abuse treatment and his records indicate that his participation was poor.

On 17 August 1972 nonjudicial punishment was imposed against him for being absent without leave (AWOL) from 2 August to 3 August 1972.  His punishment consisted of a suspended forfeiture of pay.

In January 1973 he was notified that a bar to reenlistment had been imposed against him under the Qualitative Management Program (QMP).

Nonjudicial Punishment was again imposed against him for being AWOL from 20 February to 23 February 1973.  His punishment consisted of a suspended forfeiture of pay.  However, the suspension was later vacated.

On 10 May 1973 he was convicted by a special court-martial of being AWOL from 19 March to 22 March, from 3 April to 18 April and 19 April to 23 April 1973.  He was sentenced to a forfeiture of pay and a suspended reduction to the pay grade of E-6.  However, the suspension was subsequently vacated on 21 June 1973, after the applicant had again went AWOL from 1 June to 13 June 1973.

He again went AWOL from 21 September to 24 September 1973.  The record is silent as to any punishment imposed for the last two AWOL offenses.

However, the evidence of record shows that he was honorably released from active duty on 31 October 1973 and was transferred to the Retired List in the pay grade of E-6 effective 1 November 1973.  He had served 20 years and 2 days of total active service and had 46 days of lost time due to AWOL.

On 11 April 1984 the Army Grade Determination Review Board (AGDRB) reviewed the applicant’s records to determine if he had satisfactorily served in the pay grade of E-7 and whether or not he should be advanced on the Retired List to the pay grade of E-7.  The AGDRB determined, after reviewing the applicant’s disciplinary history, that his service in the pay grade of E-7 was not satisfactorily served and that he should remain on the Retired List in the pay grade of E-6.

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.  The Board is inclined to agree with the AGDRB decision in 1984 that the applicant’s disciplinary history and conviction by a special court-martial for repeated AWOL offenses was not indicative of satisfactory service.  Accordingly, the Board finds no basis to overturn the decision by that Board.

3.  The applicant was a senior noncommissioned officer who violated the trust placed in him by his repeated acts of misconduct.  Accordingly, his service is not deemed satisfactory in the pay grade of E-7. 

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

__fe ____  ___lem__  ___hbo__  DENY APPLICATION

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

INDEX

CASE ID	AR2000044346	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/12/12	
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.