MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           06 JUNE 2002                   
	DOCKET NUMBER:   AR2002066928

	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	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley 		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas E. O’Shaughnessy, 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:  In effect, disability separation or retirement and restoration to the pay grade of E-6.

APPLICANT STATES:  In effect, that he was suffering from paranoid schizophrenia, back injuries, post traumatic stress disorder (PTSD) as well as other problems rated by the Department of Veterans Affairs (VA).  In support of his request he submits copies of his VA rating decisions and appeal actions.  

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

The applicant applied to this Board on two previous occasions, requesting that his discharge be upgraded.  The first request was based on improper treatment by his commander whom he claimed was prejudiced, and that he was told his discharge would be automatically upgraded in six months.  His second request was based on his belief that he had served his country well for 11 years, and as a result of this service, had sustained permanent physical and mental injuries.  His previous requests to upgrade his discharge were denied by this Board.  The applicant submits no substantial new evidence concerning his request for a disability separation, and as such, that portion of his current application will not be addressed.  

The applicant was promoted to the pay grade of E-6 on 1 July 1972, however as a result of a summary court-martial on 6 July 1975, for being disrespectful to a commissioned officer, disobeying a lawful order from a commissioned officer, and for engaging in a fight resulting in an assault with a frying pan, he was reduced to pay grade E-5.  He was further reduced to pay grade E-4 on 1 July 1975, as the result of an Article 15, for engaging in a fight with another soldier.  

On 20 January 1976, the applicant was discharged under honorable conditions, under the provisions of Army Regulation 635-200, chapter 13 for unfitness, frequent incidents of a discreditable nature with civil or military authorities, and for an established pattern of showing dishonorable failure to pay just debts.  His DD Form 214 (Report of Separation from Active Duty) indicates he was separated in the pay grade of E-4, with 9 years, 1 month and 29 days of active service.

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 had at one time been promoted to the pay grade of E-6, but he was reduced on two occasions to pay grades E-5 and then to E-4, because of misconduct.  There is no evidence that would justify restoring him to the rank to E-6.  

2.  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 to show that there was an error or injustice in this case.

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

__SK ___  __JTM___  __TEO__  DENY APPLICATION

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

INDEX

CASE ID	AR2002066928	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020606	
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.	131.00	
2.		
3.		
4.		
5.		
6.