MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:            7 August 2003     
	DOCKET NUMBER:   AR2003089263

	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 L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern		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:  Reconsideration of his request that his records be corrected to reflect his pay grade as E-5 instead of E-2.

APPLICANT STATES:  That, when he was in the U. S. Army Reserve (USAR), he was advanced to pay grade E-2 upon completing advanced individual training. He then enlisted in the Regular Army.  He did not have any record of nonjudicial punishment or disciplinary actions yet he did not receive incremental promotions. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he had a lengthy list of awards.  

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 20 March 2003 (AR2002079618).

The applicant's Regular Army records are available as new evidence.

The applicant enlisted in the USAR on 25 November 1981.  He was promoted to Specialist Four, E-4 in the USAR on 28 October 1987.  He enlisted in the Regular Army on 21 October 1988 in pay grade E-2.  

The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was reduced to pay grade E-1 with a date of rank of 20 April 1989.  A DA Form 4187 (Personnel Action) dated 24 April 1989 shows he was reduced to pay grade E-1 effective 20 April 1989 as a result of Uniform Code of Military Justice action.

The applicant's DA Form 2-1 shows he was advanced to pay grade E-2 with a date of rank of 1 October 1989.

A DA Form 4187 (Personnel Action) dated 6 December 1989 shows the applicant's duty status changed from emergency leave to absent without       leave (AWOL) effective 22 November 1989.  Another DA Form 4187 dated         6 December 1989 shows his duty status changed from AWOL to present for duty effective 27 November 1989.  

On 20 January 1990, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for being absent without authority from on or about 23 (sic) November 1989 to on or about 27 November 1989.  His punishment included a reduction to pay grade E-1.  

The applicant was apparently advanced to pay grade E-2 on an unknown date.

On 20 August 1990, the applicant was honorably discharged due to sole parenthood in the rank of Private, E-2.  Item 12h (Effective Date of Pay Grade) of his DD Form 214 erroneously shows his date of rank as 21 October 1988.  His DD Form 214 shows he was awarded the Army Service Ribbon, the Army Lapel Button, the Expert Qualification Badge with Rifle bar, the Overseas Service Ribbon, and the Army Achievement Medal (orders for the Army Achievement Medal are not available).

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 did have a record of disciplinary actions and nonjudicial punishment while in the Regular Army.  He was reduced to pay grade E-1 (for the second time) for a 5-day period of AWOL on 20 April 1990.  He was later advanced to pay grade E-2 on an unknown date.

3.  The Board notes that, except for one Army Achievement Medal, the applicant received no awards and decorations other than three service awards and a marksman qualification badge.

4.  The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.

5.  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

__aao___  __tbr___  __mmb___  DENY APPLICATION

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

CASE ID	AR2003089263	
SUFFIX		
RECON		
DATE BOARDED	20030807	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.