MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 April 2001
	DOCKET NUMBER:   AR2001051569

	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. Roger W. Able		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman, Jr.		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 his records be corrected to show that he retired in the rank of sergeant major.

APPLICANT STATES:  That he was removed from the Sergeants Major Academy for fabricating a lie that the hospital first sergeant was drinking daily in a bar downtown in uniform.  In support of his application he submits a DA Form 4187 (Personnel Action) requesting a Standby Advisory Board for grade E-9, associated documents pertaining to his reinstatement to the Sergeants Major Academy, and a letter from the Office of the Inspector General (IG), Fort Sam Houston, Texas. 

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

The applicant entered the Army on 6 August 1969 and served as a hospital food service supervisor.  His awards include the Meritorious Service Medal, the Army Commendation Medal (2ND OLC) the Good Conduct Medal (6th Award), the Army Achievement Medal, the Humanitarian Service Medal, and the National Defense Service Medal.

The applicant was removed from the Sergeants Major Academy, Class 31(January 1988).  The facts and circumstances surrounding his removal are absent from the file.

The letter from the Office of the Inspector General, Fort Sam Houston, Texas  submitted by the applicant indicates that information at both the United States Total Army Personnel Command, Headquarters, Department of the Army, and at Fort Campbell, Kentucky reflects that there was no flag on the applicant’s record at either Fort Campbell or at Headquarters, Department of the Army.  Additionally, the letter indicated that the applicant should request to be reinstated to the Sergeants Major Academy.

DA Form 4187 submitted by the applicant dated 3 July 1989 indicates he requested a SSB for pay grade E-9 because he was erroneously removed from the Sergeants Major Academy, Class 31(January 1988) by a previous chain of command.  Also, the applicant was rescheduled to attend Class 35, January 1990 as the result of an IG determination.

On 19 January 1990 the applicant submitted his application for voluntary retirement.  He retired in the pay grade E-8 on 30 April 1990.

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 file indicates the applicant was rescheduled to attend the Sergeants Major Academy, Class 35 in January 1990.  Also, he submitted his application
for voluntary retirement on 19 January 1990.  It appears the applicant chose to retire and not attend the Sergeants Major Academy.

2.  The Board found no evidence that a material error existed in the applicant’s file that would warrant a change in his retired pay grade to E-9.

3.  The applicant has failed to show through the evidence submitted or the evidence of record that his first time removal from the Sergeants Major Academy would have prevented his selection for promotion to pay grade E-9.  Additionally, his file was absent of any reference of his removal from the Sergeants Major Academy either at Fort Campbell, Kentucky, or at Headquarters, Department of the Army.  Therefore, the Board is reluctant to substitute its judgement for that of a promotion selection board.

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

___RWA_  __RTD__  __DPH___  DENY APPLICATION

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

INDEX

CASE ID	AR2001051569	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	200104012	
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.		
2.		
3.		
4.		
5.		
6.