MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 June 2003                   
	DOCKET NUMBER:    AR2003090261

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Eloise C. Prendergast		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 the rank and pay grade of staff sergeant/E-6 (SSG/E-6) on the Retired List.

APPLICANT STATES:  The applicant offers no argument or explanation in support of his application.  

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

On 31 January 1993, the applicant was honorably released from active duty (REFRAD), in the rank and pay grade of sergeant/E-5 (SGT/E-5), for the purpose of retirement.  At the time of his separation, he had completed a total of 20 years and 19 days of active military service. 

The applicant’s record confirms that on 3 August 1982, he was promoted to the rank and pay grade of SSG/E-6, which is the highest rank he attained while serving on active duty. 

The record shows that the applicant had an extensive disciplinary history while holding the rank of SSG/E-6.  On 18 November 1986, he accepted nonjudicial punishment (NJP) for assaulting a soldier.  The punishment included an oral reprimand and a suspended reduction.  On 19 April 1989, he received a Letter of Reprimand (LOR), for driving a motor vehicle while intoxicated (DWI). 

On 18 December 1989, the applicant accepted NJP for being disrespectful to a commissioned officer and for using provoking words that were racial in nature, towards his first sergeant and a specialist.  His punishment for these offenses included his reduction to the rank and pay grade of SGT/E-5.  

On 1 November 1991, the applicant was notified that the 1991 Master Sergeant Selection/Sergeant Qualitative Management Program (QMP) Board, after a comprehensive review of his Official Military Personnel File (OMPF), determined that he should be barred from reenlistment under the QMP.  The applicant was allowed to remain on active duty until reaching retirement eligibility.  

On 31 January 1993, the applicant was REFRAD for the purpose of retirement.  The separation document (DD Form 214) issued to him on that date confirms that at the time he held the rank and pay grade of SGT/E-5.  

On 9 May 2003, the Army Grade Determination Review Board (AGDRB) denied the applicant’s request for advancement to the rank and pay grade of SSG/E-6 on the Retired List.  The AGRDB determined that the applicant did not serve satisfactorily in the pay grade of E-6 because while holding that rank, he accepted NJP on two separate occasions, for assaulting a soldier and disrespect; and he received a LOR for DWI.  

Title 10, United States Code, Section 3964, provides that a retired enlisted member or warrant officer of the Army who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the Army.

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 Board notes the applicant’s contention that he should be advanced to the rank and pay grade of SSG/E-6 on the Retired List.  However, it finds this claim lacks merit. 

2.  The Board concurs with the findings of the AGRDB that the applicant did not satisfactorily serve in the rank and pay grade of SSG/E-6 based on his disciplinary history while holding that rank and given he was reduced from that rank due to his own misconduct.  Therefore, the Board concludes the requested relief is not warranted in this case. 

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 this 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:

_EP_  __JI__  __R___   GRANT

________  __________  GRANT FORMAL HEARING

________  ____  _____  DENY APPLICATION

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

INDEX

CASE ID	AR2003090261	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 306	129.0400	
2.		
3.		
4.		
5.		
6.