MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 March 2001
	DOCKET NUMBER:   AR2000048475

	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. Curtis L. Greenway		Member	
	Mr. Richard T. Dunbar		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 and receive back pay.

APPLICANT STATES:  That he served successfully in pay grade E-6 from 
27 March 1980 to 5 October 1985.  In support of his application he submits Enlisted Evaluation Reports for the period September 1982 through August 1983 and September 1983 through August 1984.

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

The applicant entered the Army on 31 July 1968.  His awards include the Army Commendation Medal (2nd Award), the Armed Forces Expeditionary Medal, the Army Good Conduct Medal, the Army Achievement Medal, and the National Defense Service Medal.  His highest rank attained was staff sergeant.

The file indicates the applicant received five nonjudicial punishments (NJP) for communicating a threat to a military policeman and resisting apprehension, for operating a truck in a reckless manner, for failing to go to his appointed place of duty, for misuse of a military vehicle, and for having a female soldier in his room while drunk.  Also, the applicant was found guilty by a special court-martial of stealing a cassette from another soldier and of wrongful solicitation and transport of stolen goods.  He received NJP in October 1983 for driving under the influence (DUI) that resulted in his reduction to pay grade E-5.

The applicant was notified on 19 November 1984 of his selection for a DA-Imposed Bar to Reenlistment under the Qualitative Management Program.  He chose to appeal the bar to reenlistment and the appeal was denied.  As an exception to policy the applicant was allowed to extend his period of enlistment to achieve retirement eligibility.  He honorably retired on 31 July 1988 in pay grade E-5.

The applicant requested 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 20 October 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 as evidenced by his reduction by NJP for DUI, five NJPs and a special court-martial conviction for misconduct, and that the applicant be retained on the retired list in the pay grade of E-5.

2.  The applicant compromised the special trust and confidence placed in him as an NCO.  The applicant’s disciplinary record was found to be inconsistent with the high standards of professionalism expected of an NCO.  His misconduct diminished the quality of his service below that meriting advancement on the retired list to the pay grade of E-6.

3.  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.

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___  __CLG__  __RTD___  DENY APPLICATION

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

INDEX

CASE ID	AR2000048475	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010301	
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.