MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 December 2000
	DOCKET NUMBER:   AR2000047206

	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:  Advancement on the Retired List to the pay grade of E-6.

APPLICANT STATES:  In effect, that he served in the pay grade of E-6 from 1968 to 1980 and served two tours in Vietnam where he earned several awards; including the combat medical badge.  He goes on to state that during 1980 his family experienced several unfortunate events while he was serving an unaccompanied tour in Germany.  These events included extreme financial hardship, hospitalization of his daughter and health problems of his wife.  He further states that he now realizes that he suffered from Post Traumatic Stress Disorder (PTSD) coupled with a chemical imbalance that resulted in his misconduct.  These actions resulted in his being reduced from the pay grade of E-6 to the pay grade of E-4 and damaged an otherwise professional military career.  

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

He enlisted in Fairmont, West Virginia on 26 March 1962 for a period of 3 years and training in the medical career management field.  He remained on active duty as a medical specialist through a series of continuous reenlistments and was promoted to the pay grade of E-6 on 1 February 1968 while serving in Vietnam.

On 15 May 1968, while still serving in an infantry company in Vietnam, nonjudicial punishment (NJP) was imposed against him for two specifications of being absent from his place of duty.  His punishment consisted of a reduction to the pay grade of E-5 and a forfeiture of pay. 

He was again promoted to the pay grade of E-6 on 9 July 1973, while stationed at Fort Sill, Oklahoma.

On 2 May 1980, while serving in Germany, NJP was imposed against him for being absent without leave from 19 March to 25 March 1980.  His punishment consisted of a reduction to the pay grade of E-5 (suspended until 1 June 1980) and a forfeiture of $94.00.  

On 24 September 1980 NJP was imposed against him for failure to go to his place of duty.  His punishment consisted of a forfeiture of $100.00.

On 22 October 1980 NJP was imposed against him for disobeying a lawful order from his first sergeant not to enter a female soldier’s room.  His punishment consisted of a reduction to the pay grade of E-5.

On 7 January 1981 NJP was imposed against him for communicating two threats to kill his first sergeant.  His punishment consisted of a reduction to the pay grade of E-4 (suspended for 90 days), a forfeiture of pay and extra duty.  Although not explained in the available records, the suspended portion of his sentence reducing him to the pay grade of E-4 was vacated. 

The applicant submitted a Voluntary Request for Retirement (DA Form 2339) on 8 July 1982 while serving in the pay grade of E-4 at Walter Reed Army Medical Center.  He requested retirement by reason of length of service to be effective 1 October 1982.

His request was approved and he was voluntarily released from active duty (REFRAD) on 30 September 1982 and was transferred to the Retired List in the pay grade of E-4 effective 1 October 1982.  He had served 20 years, 5 months and 19 days of total active service.

A review of the applicant’s Official Military Personnel File (OMPF) shows that during the period of 4 November 1967 to 8 May 1968 he had three periods of lost time totaling 16 days.  His OMPF also shows that NJP was imposed against him on at least seven occasions between 1967 and 1980.  His significant awards include the Bronze Star Medal, the Army Commendation Medal and the Combat Medical Badge.  He served two tours in Vietnam during the periods of 1967 to 1968 and 1970 to 1971.

On 14 September 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 pay grade of E-6.  The AGDRB determined that based on his having had NJP imposed against him on three separate occasions in 1980, his service in the pay grade of E-6 was unsatisfactory.  The board determined that the highest grade in which he satisfactorily served on active duty was the pay grade of E-5 and voted unanimously to advance him on the Retired List to that pay 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).  The AGDRB is the agency that has been delegated to make such determinations on behalf of 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.  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 that the applicant’s disciplinary history while serving as a senior noncommissioned officer was not indicative of satisfactory service.  Accordingly, the Board finds no basis to overturn the decision by that board or to advance him further on the Retired List.

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-6. 

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	AR2000047206	
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.