MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 August 2000
	DOCKET NUMBER:   AR2000035030

	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. Sherri V. Ward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		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-6.

APPLICANT STATES:  In effect, that as the only career counselor in his unit, he caused controversy because he chose to follow the regulations when others chose to do otherwise for their friends.  As a result, a concerted effort was made to fabricate charges against him, which resulted in an unjust reduction in grade

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

He was inducted in Jacksonville, Florida on 23 April 1968 and served until he was honorably released from active duty on 5 April 1970.

On 28 September 1970 he enlisted in the Regular Army for a period of 3 years and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-5 on 17 October 1974 and to the pay grade of E-6 on 24 November 1976.

On 26 June 1979, while stationed in Germany, nonjudicial punishment (NJP) was imposed against him for striking a First Sergeant in the face with his open hand.  His punishment consisted of a reduction to the pay grade of E-5 (suspended) and a forfeiture of pay.

On 28 October 1983, while again stationed in Germany, NJP was imposed against him for disorderly conduct.  His punishment consisted of a reduction to the pay grade of E-5 and a forfeiture of pay.  The applicant appealed his punishment and his appeal was denied on 28 November 1983.

Meanwhile, on 8 November 1983, NJP was again imposed against him for missing formation.  His punishment consisted of a reduction to the pay grade of E-4.  The applicant appealed that punishment as well and the appellate authority suspended the reduction in grade until 2 June 1984.

On 5 January 1984 the applicant’s commander initiated a bar to reenlistmnent against the applicant based on his disciplinary record, failure to pay his debts, failure to respond to repeated corrections, slovenly appearance, untruthfulness, failure to follow orders and for not being a team player.  The applicant elected not to submit matters in his own behalf and the appropriate authority approved the bar to reenlistment.

On 25 October 1985 the applicant was notified that a Department of the Army Review Board had determined that he should be barred from reenlistment under the Qualitative Management Program (QMP) based on his disciplinary record and two below average evaluation reports.  He appealed the bar to reenlistment and his appeal was denied on 10 April 1987. 
The applicant was honorably REFRAD on 30 November 1989 and was transferred to the Retired List in the pay grade of E-5 effective 1 December 1989. He had served 20 years and 27 days of total active service. 

The Army Grade Determination Review Board (AGDRB) reviewed the applicant’s Official Military Personnel File (OMPF) and determined that his service in the pay grade of E-6 was not deemed satisfactory service when compared to his disciplinary record in that grade.  The AGDRB voted unanimously to deny his advancement to the pay grade of E-6 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 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 his service in the pay grade of E-6 was not satisfactorily served, given that he received NJP punishment twice for assault and for disorderly conduct while serving in that grade.  Therefore, there is no basis to advance him on the Retired List.

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

__sw____  __lds ___  __mm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045030	
SUFFIX		
RECON		
DATE BOARDED	2000/08/17	
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.