MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 July 2001                   
	DOCKET NUMBER:   AR2001055220

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Kenneth W. Lapin		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 he was promoted to Sergeant First Class (SFC), E-7 effective prior to his retirement date and that he be paid all due back pay.

APPLICANT STATES:  That he was in the primary zone for consideration to E-7 during a promotion board that convened around the last week of May 1996.  However, the Enlisted Qualification Record (DA Form 2A and 2-1) that went before the promotion board made him uncompetitive for consideration.  Supporting evidence is as listed on the DD Form 149.

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

He enlisted in the Regular Army on 28 September 1981.  He was promoted to Staff Sergeant, E-6 on 1 December 1992.

In August 1995, the applicant was arrested by civilian authorities on three charges.  He pleaded guilty to one charge and the other two were dismissed.  In September 1995, he received a local bar to reenlistment based upon the charges for which he was arrested.  In January 1996, action was initiated to separate him based upon the charges for which he was arrested.  On 11 March 1996, the civil court vacated his guilty plea to the one charge and set aside his conviction.  On 20 March 1996, a separation board found that none of the allegations were supported by a preponderance of the evidence and recommended his retention.  The recommendation was approved.  He thereupon requested removal of the bar to reenlistment.  His request was denied and he was honorably discharged on    3 September 1996.

In 1998, the applicant requested the Board correct his records to show he was not barred from reenlistment at the time he was discharged, that he receive back pay, and that he be granted an early retirement.  On 23 December 1998, the Board granted him full relief and directed that he be given an early retirement, as an exception to policy, effective 1 October 1996 (docket number AC98-10165).

The 1996 E-7 promotion selection board convened on 29 May 1996 and adjourned on 28 June 1996.  The results of the board were released on                1 October 1996.

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.
2.  Even had the applicant had the most competitive records of any E-6 in the Army he could not have been promoted to SFC prior to his retirement.  Based upon his request and the correction to his records, he was retired effective          1 October 1996.  The results of that promotion board were not released until       1 October 1996.

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

__kak___  __rwa___  __kwl___  DENY APPLICATION

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

INDEX

CASE ID	AR2001055220	
SUFFIX		
RECON		
DATE BOARDED	20010710	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.01	
2.		
3.		
4.		
5.		
6.