MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 December 2000
	DOCKET NUMBER:   A2000047537

	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:

	Ms. Ann M. Campbell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Jose A. Martinez		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-6.

APPLICANT STATES:  That he met and passed a promotion board in November 1982 and served successfully in the pay grade of E-6.

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

The applicant honorably retired in the pay of grade of E-5 on 1 October 1983.  His awards include the Good Conduct Medal with Bronze Clasp, the National Defense Service Medal, and the Armed Forces Expeditionary Medal.  His highest rank attained was staff sergeant.

On 17 January 1977 the applicant received nonjudicial punishment (NJP) for failure to report to his appointed place of duty.  Additionally, he received NJP again on 17 January 1977 for assaulting a German male.

He was convicted by a special court-martial (SPCM) on 2 May 1978 for dereliction of duty and for two specifications of failing to report to his appointed place of duty.

On 12 May 1981 the applicant received NJP for being absent without leave (AWOL) from 17 March through 13 April 1981 and for talking a female specialist into going AWOL.  As punishment he was reduced to the pay grade of E-5 and required to forfeit $200.00 for one month.

The applicant submitted a request for advancement on the retired list to the pay grade of E-6 to the Army Grade Determination Board (AGRDB).  The AGRDB determined that the applicant did not serve satisfactorily at the pay grade of E-6 and denied his request for advancement on the retired list on 26 September 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 Board concurs with the findings of the AGRDB that the applicant did not serve satisfactorily at the pay grade of E-6 due to his SPCM conviction and his three NJP’s which resulted in his reduction to E-5. 

2.  Based upon the applicant’s overall service, the Board concluded that the applicant’s retired pay grade of E-5 was the highest grade he held satisfactorily while on active duty.  His misconduct diminished the quality of his service below that meriting advancement on the retired list to the pay grade of E-6.

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

__AMC__  __ALR___  __JAM__  DENY APPLICATION

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

INDEX

CASE ID	AR2000047537	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001205	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	129.04	
2.		
3.		
4.		
5.		
6.