MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           17 April 2001
	DOCKET NUMBER:   AR2000047418

	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:

	Mr. John H. Kern		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret V. Thompson		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:  That he is innocent of the court-martial conviction that reduced him to pay grade E-6.  He states that since his retirement he has consistently been employed.  He further states that he has paid sufficiently and his honor should be restored.

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

The applicant entered the Army on 8 July 1970.  His awards include the Army Achievement Medal, the Army Commendation Medal (1st OLC), the Army Achievement Medal (3rd OLC), the Good Conduct Medal (6th Award), and the National Defense Service Medal.  His highest rank attained was sergeant first class.

While assigned to Germany, the applicant was convicted by a special court-martial on 23 May 1985 of disobeying a regulation, aggravated assault, and carrying a concealed weapon.  As punishment he was reduced from pay grade E-7 to pay grade E-6 and required to forfeit $500.00 for two months.  

The applicant honorably retired in the pay grade of E-6 on 31 August 1990.

The applicant submitted an application to the Army Grade Determination Board (AGRDB) requesting advancement on the retired list to the pay grade of E-7.  The AGRDB determined that the applicant did not serve satisfactorily at the pay grade of E-7 and denied his request for advancement on the retired list on 
20 March 2000.

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 AGRDB determined that the applicant did not serve satisfactorily at the pay grade of E-7 as evidenced by his reduction by special court-martial conviction for disobeying a regulation, aggravated assault, and carrying a concealed weapon and that he should be retained on the retired list in the pay grade of E-6.

2.  The applicant compromised the special trust and confidence placed in him as an NCO.  His severe acts of misconduct diminished the quality of his service below that meriting advancement on the retired list.

3.  Based upon the applicant’s overall service, this Board determines that pay grade E-6 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

__JHK___  __MHM__  __MVT__  DENY APPLICATION

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

INDEX

CASE ID	AR2000047418	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010417	
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.