MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            01 JULY 2003   
	DOCKET NUMBER:   AR2003089657

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen Y. Fletcher		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 he be advanced to pay grade E-7 on the retired list.   

APPLICANT STATES:  The applicant made no statement, but provided a copy of orders promoting him to sergeant first class, pay grade E-7, effective on 1 June 1985.  

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

The applicant enlisted in the Army for 3 years on 31 August 1971 and remained on continuous active duty until his retirement in 1991.

He was trained as a field radio repairman, completed various military courses, to include the NCO Logistics Program Course, the Advanced NCO Course (ANCOC), and the First Sergeant Course.  He served in various locations throughout the world, to include Fort Knox, Kentucky; Fort Sill, Oklahoma; Fort Bragg, North Carolina; Fort Carson, Colorado; Fort Gordon, Georgia; Fort Bliss, Texas; Fort Lewis, Washington; a tour of duty in Thailand; and three tours of duty in Germany.  His awards include the Vietnam Service Medal, five awards of the Army Good Conduct Medal, two awards of the National Defense Service Medal, and two awards of the Army Achievement Medal.  

On 25 January 1974 the applicant received nonjudicial punishment under Article 15, UCMJ, for failure to go to his place of duty, and for disobeying an order from an NCO. 

On 10 March 1977 the applicant, then assigned to a maintenance unit in Germany, received nonjudicial punishment under Article 15, UCMJ, for driving while drunk and for property damage.

The applicant was promoted to sergeant first class effective on 1 June 1985 with a date of rank of 5 May 1985.

On 8 February 1989 the applicant, then a sergeant first class, was arraigned at Fort Monmouth, New Jersey, at a special-court martial.  He was tried and found guilty of wrongfully using cocaine between on or about 21-26 August 1988.  He was sentenced to be reduced to pay grade E-6.

The applicant was reduced to pay grade E-6 on 8 February 1989.

The applicant retired from the Army on 31 August 1991 in the rank and grade of staff sergeant, E-6.  He had 20 years of service.

Section 3964 of Title 10, U.S. Code, states, in effect, that each warrant officer and each enlisted member of the Regular Army who is retired, when his active service plus his service on the retired list totals 30 years, is entitled to be advanced on the retired list to the highest temporary grade in which he served on active duty satisfactorily, as determined by the Secretary of the Army.

Army Regulation 15-80 establishes the policies, procedures, and responsibilities of the Army Grade Determination Review Board (AGDRB).  Paragraph 1-11 of that regulation states that the AGDRB will make final discretionary grade determinations on behalf of the Secretary of the Army for retiring or retired enlisted soldiers or warrant officers in 30-years cases.  Paragraph 3-2 states that when a member's active service plus service on the retired list totals 30 years, the AGDRB will determine the highest grade in which a soldier has served satisfactorily.

Paragraph 2-5 states that service in the highest grade will be considered to have been unsatisfactory when reversion to a lower grade was owing to misconduct, or the result of the sentence of a court-martial.

On 25 March 2003, the AGDRB, in an unanimous decision, denied the applicant's request to be advanced to grade E-7 on the retired list because he received a special court-martial conviction for use of cocaine while in the grade.
 
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's 20 years of service to his country was marred by his court-martial conviction for cocaine use in 1989 while serving as a sergeant first class, pay grade E-7, a senior NCO, discrediting himself and the NCO ranks.  His service in pay grade E-7, thus, was not satisfactory.  His request to be advanced to pay grade E-7 on the retired list is not granted.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

3.  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 that requirement.

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

__TSK __  __MHM__  __KYF __  DENY APPLICATION

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

INDEX

CASE ID	AR2003089657	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030701	
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.	129.00	
2.		
3.		
4.		
5.		
6.