MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 March 2001
	DOCKET NUMBER:   AR2000050340

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Christopher J. Prosser		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 receive pay and allowances due for his promotion to private first class (PFC).

APPLICANT STATES:  That he never received pay and allowances for his promotion to PFC effective 28 May 1981

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

He enlisted in the Army on 28 May 1980 for 3 years.  He completed his initial training and was awarded a military occupational specialty of 16E (Hawk Fire Control Crewmember).

On 28 July 1980 the applicant received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for lying down while on guard post.  The punishment included a forfeiture of $104.00.  He did not appeal the punishment.

On 6 March 1981 the applicant received NJP for insubordinate conduct.  The specifics not available in the record.  The punishment included reduction to private E-1 and 7 days in the confinement control facility.

On 6 April 1981 the applicant received NJP for willfully disobeying a lawful order and for intent to defraud the United States Government by wrongfully and willfully obtaining agency services (long distance telephone calls) in the value of about $40.76.  The punishment included reduction to private E-1 and correctional custody for 7 days (suspended until 6 July 1981).  He did not appeal the punishment.

On 21 July 1981 the applicant was advanced to private E-2.

On 1 February 1982 the applicant’s commander initiated a request for bar to reenlistment, which was approved on 17 March 1982 by the appropriate authority.  It advised the applicant of his right to appeal.  The basic request and enclosures are not available in the record, nor is there evidence of an appeal by the applicant.

On 30 March 1982 the applicant received NJP for dereliction of duty and failure to go at the prescribed time to his place of duty (two specifications).  The punishment included reduction to pay grade E-1, forfeiture of $128.00, and 
14 days extra duty and restriction.

On 18 May 1982 the applicant’s commander initiated a recommendation to separate him from the military service under the provisions of Army Regulation 635-200, chapter 5, for lack of motivation and self-discipline necessary to adapt to military life.  The applicant was advised to consult with counsel but refused.
On 19 May 1982 the appropriate authority approved the recommendation and directed that he be discharged under honorable conditions and not be transferred to the Individual Ready Reserve.

Accordingly, on 8 June 1982 he was discharged under honorable conditions.  He completed 2 years and 11 days of creditable active service.

Army Regulation 600-200, in effect at the time, prescribed policies and procedures for promotions and reductions.  Paragraph 7-6g provided that individuals being punished under Article 15, UCMJ, or during any suspension of punishment imposed were not in a promotable status.  Paragraph 7-12 provided that advancement to PFC was not mandatory.  It established 12 months time in service and 4 months time in grade as normal for advancement to PFC.

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 completed 12 months TIS on 27 May 1981 but was not in a promotable status due to being under suspended NJP.  He was subsequently advanced to private E-2 on 21 July 1981.  The record of evidence does not show any recommendations for further advancement.  Therefore, the applicant’s contention that he was promoted and due back pay and allowances for PFC is without merit.

2.  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

___JNS__  ___LE___  __CJP___  DENY APPLICATION

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

INDEX

CASE ID	AR2000050340	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010329	
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.	131.09	
2.		
3.		
4.		
5.		
6.