MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:         6 November 2003
		DOCKET NUMBER:  AR2003088142

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Mae M. Bullock		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, correction of his records to show he was discharged from the Army National Guard in pay grade E-4.  He also requests correction of his pay records for the period January 1987 to November 1989.

APPLICANT STATES:  That he was on the Weight Control Program before and after they took back his rank of specialist four (SP4)/pay grade E-4.  He claims that being on the Weight Control Program never stopped him from performing his duties as his records will testify.  

The applicant did not provide any documents in support of his application.

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

The applicant enlisted in the Army National Guard on 8 December 1983 in pay grade E-1.

He was promoted to the rank of private first class (PFC)/pay grade E-3 on 1 August 1985.

The applicant's personnel records contain a DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)) dated 24 January 1987 which shows a flag was initiated against him on 24 January 1987 and he was entered into the Weight Control Program.  

Battery C, 2nd Battalion, 150th Field Artillery, Noblesville, Indiana Orders 1-2 dated 24 January 1987 promoted the applicant to SP4/E-4 effective 1 February 1987.  These orders were revoked by Battery C, 2nd Battalion, 150th Field Artillery, Noblesville, Indiana Orders 3-1 on 11 February 1987.

Military Department of Indiana Adjutant General's Office Orders 252-221 dated 27 December 1988 discharged the applicant from the Army National Guard and as a reserve of the Army on 31 December 1988.

The applicant's NGB Form 22 (Report of Separation and Record of Service) shows he was discharged on 31 December 1988 as a PFC/E-3.

There is no evidence of record which shows the applicant was promoted to the rank of SP4/E-4 again prior to his discharge from the Army National Guard.

Army Regulation 600-8-2 (Suspension of Favorable Personnel Actions (FLAGS)) prescribes policies, operating tasks, and steps governing the suspension of favorable personnel actions as a function.  Paragraph 1-11 states that flags will be submitted when an unfavorable action or investigation (formal or informal) is started against a soldier by military or civilian authorities.

Paragraph 1-13d of Army Regulation 600-8-2 states that entry into the Weight Control Program requires a transferable flag.  The flag is removed on the day the commander decides that the soldier is in compliance with the program.

Paragraph 1-14d of the same regulation states that a flag prohibits the promotion or reevaluation for promotion of a soldier.

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.  The evidence of record shows the applicant was flagged on 24 January 1987 and placed on the Weight Control Program.

3.  Records show the applicant was promoted to SP4/E-4 effective 1 February 1987.  However, the orders promoting him to SP4/E-4 were revoked due to the flagging action, dated 24 January 1987.  By regulation, he was not eligible for promotion while flagged no matter what the quality of his service was otherwise.

4.  There is no evidence of record which shows the applicant was promoted again to SP4/E-4 prior to his discharge from the Army National Guard.

5.  The applicant's NGB Form 22 properly shows he was discharged in the rank of PFC/E-3.

6.  Based on the foregoing, there is insufficient basis for correcting his records to show his pay grade as E-4.  There is also no basis for correcting his pay records for the period January 1987 to November 1989.

7.  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______  RJW_____  MMB_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003088142	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031106	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	129.0000	
2.		
3.		
4.		
5.		
6.