MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 August 2000
	DOCKET NUMBER:   AR2000045718

	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. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Allen L. Raub		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 she held while on active duty was the pay grade of E-6 and she desires to be advanced on the Retired List to that pay grade.

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

She enlisted on 30 October 1968 for a period of 3 years and remained on active duty through a series of continuous reenlistments.  She was promoted to the pay grade of E-5 on 1 July 1972.

On 22 January 1976 nonjudicial punishment (NJP) was imposed against the applicant for driving under the influence of alcohol.

The applicant was promoted to the pay grade of E-6 on 1 January 1978.

On 13 August 1982, NJP was imposed against the applicant for disobeying a lawful order from a commissioned officer and two specifications of failure to go to her place of duty.  Her punishment consisted of a reduction to the pay grade of E-5.

On 11 September 1987, NJP was imposed against her for being drunk on duty.  Her punishment consisted of a reduction to the pay grade of E-4, restriction and extra duty.

Although not explained in the available records, it appears that the applicant was further reduced in rank to the pay grade of E-2 on 5 November 1987.

On 27 January 1988, she submitted an Application for Voluntary Retirement (DA Form 2339) in which she requested that she be retired by reason of length of service effective 1 November 1988.

Her request was approved and she was released from active duty on 31 October 1988 and was transferred to the Retired List in the pay grade of E-2 effective 1 November 1988.  She had served 20 years and 1 day of total active service.

On 7 August 2000 the Army Grade Determination Review Board (AGDRB) reviewed the applicant’s records to determine if she should be advanced on the Retired List to a higher grade.  The AGDRB determined that her service in the pay grade of E-6 was unsatisfactory due to her record of disciplinary actions that occurred in that pay grade; however, the AGDRB determined that the highest grade in which she served satisfactorily was the pay grade of E-5.  Accordingly, the AGDRB voted unanimously to advance her on the Retired List to 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, 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).  The AGDRB has been delegated the authority to make determination on behalf of the Secretary of the Army in such cases.

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 applicant was properly retired in the pay grade of E-2, the pay grade she held at the time she was placed on the Retired List. 

2.  The Board finds that she has failed to show through the evidence submitted or the evidence of record why she should be advanced on the Retired List to the pay grade of E-6.

2.  The Board also finds, as did the AGDRB, that she did not satisfactorily serve in the pay grade of E-6 and therefore concurs with that board’s decision to advance her on the Retired List to the pay grade of E-5.

3.  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.

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

__gp____  __alr____  ___clg___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045718	
SUFFIX		
RECON		
DATE BOARDED	2000/08/24	
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.