MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:      

		BOARD DATE:          30 OCTOBER 2003                   
		DOCKET NUMBER:  AR2003090192

	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. Curtis L. Greenway		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Mr. Larry C. Bergquist		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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank and pay grade as Private First Class (PFC) and E-3, respectively.  

APPLICANT STATES:  That he was promoted to pay grade E-3 on 21 August 1979.  

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

The applicant enlisted in the Army for three years on 2 November 1976, completed training and was assigned to Fort Bragg, North Carolina.  He was advanced to pay grade E-2 on 2 May 1977.  On 22 August 1977 he received nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ), for leaving his place of duty and was reduced to pay grade E-1.

The applicant was advanced to pay grade E-2 in February 1978, and to pay grade E-3 in May of that year.  On 17 August 1978 he received nonjudicial punishment for being absent without leave.  He was reduced to pay grade E-2.  He appealed.  His reduction was suspended for 6 months.  

On 24 October 1978 he received nonjudicial punishment for assaulting a fellow soldier.  His suspension of his reduction was vacated.  He was reduced to pay grade E-1.  

On 4 April 1979 he was advanced to pay grade E-2.  

On 17 July 1979 the applicant received nonjudicial punishment for failure to go to his place of duty.  His commanding officer imposed a forfeiture of $97.00, suspended for 60 days. 

With his request, the applicant submits a copy of a 21 August 1979 DA Form 4187 (Personnel Action) requesting that the applicant be promoted to pay grade E-3 effective on 1 September 1979.

The applicant was released from active duty on 2 November 1979 in pay grade E-2.  The effective date of his pay grade as shown on his DD Form 214 is           4 April 1979.

Army Regulation 600-200, then in effect, provides for the promotion of enlisted personnel.  It states in pertinent part, that an individual is in a nonpromotable status and will not be advanced or promoted to a higher grade when being punished under Article 15, UCMJ, or during any suspension of punishment imposed.   

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.  Notwithstanding the personnel action form showing that he was recommended for promotion to pay grade E-3, he was apparently not promoted, nor could he have been promoted prior to 17 September 1979, the ending date of the suspension period as imposed on 17 July 1979 under the provisions of    Article 15, UCMJ.  Furthermore, there is no evidence, and the applicant has not submitted any, of a promotion action submitted on or after 17 September 1979. 

2.  Consequently, the applicant's rank and pay grade on his 2 November 1979 is correct.

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

4.  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.

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

__CLG__  __EWL__  __LCB___  DENY APPLICATION

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

INDEX

CASE ID	AR2003090192	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031030	
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.	110.00	
2.		
3.		
4.		
5.		
6.