PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:  8 June 2000
	DOCKET NUMBER:   AR1999033860

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley Powell		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Lana E. McGlynn		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that her rank and grade of SGT/E-5 be reinstated for the period of 1-9 December 1994 and that she receive E-5 pay for this period.

3.  The applicant states, in effect, that on 9 December 1994, she was administratively discharged with an under other than honorable conditions characterization for misconduct due to failing a urinalysis test for drugs.  In connection with this discharge, she was reduced from E-5 to E-1 on 1 December 1994.  The Army Discharge Review Board (ADRB) upgraded her discharge to a general under honorable conditions and restored her E-5 grade on her DD Form 214.  She has been trying to get Defense Finance and Accounting Service to restore her E-5 pay from 1-9 December 1994, but without success.

4.  The applicant’s military records show that she enlisted in the Regular Army on 19 April 1978.  She rose to the grade of E-6.  On or about 24 August 1994, at Fort Huachuca, Arizona, she tested positive for cocaine in a urinalysis test.  She was given an Article 15 on 13 October 1994 for this violation and punished with reduction to E-5 and forfeiture of pay.  On 18 November 1994, she was recommended by her commander for administrative separation under Army Regulation (AR) 635-200, chapter 14, for misconduct – abuse of illegal drugs.  On 1 December 1994, the commanding general approved the recommendation and directed an under other than honorable discharge.  He directed her reduction to E-1 in conjunction with her discharge effective 1 December 1994 in accordance with AR 600-200, paragraph 6-11.  The applicant was reduced to E-1 on 1 December 1994 and discharged on 9 December 1994.

5.  On 19 September 1997, the applicant applied to the ADRB for up upgrade of her discharge.  On 28 October 1998, the ADRB considered her case, found her discharge to be too harsh considering her otherwise 14 years of excellent service, and upgraded her discharge to general under honorable conditions restoring her grade to E-5.

6.  AR 600-200, paragraph 6-11, states that when the separation authority determines that a soldier is to be discharged from the service under other than honorable conditions, he or she will be reduced to the lowest enlisted grade.  It is DA policy that this reduction is effective the date of the discharge.

CONCLUSIONS:

1.  The applicant was erroneously reduced from E-5 to E-1 on 1 December 1994 instead of on her discharge date, 9 December 1994.  This was an error in procedure.  The applicant’s reduction to E-1 should be corrected to be effective on 9 December 1994 and she should be provided E-5 pay from 1-8 December 1994.

2.  The ADRB upgraded the applicant’s discharge to general and restored her grade at discharge on 9 December 1994 to E-5.  Consequently, her pay on the date of discharge should also be at the E-5 grade.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected for the individual concerned by:

a.  voiding her reduction to E-1; and 

b.  paying her at E-5 rate from 1-9 December 1994.

BOARD VOTE:  

__SP___  __AO___  __LM___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__ Shirley Powell ____
		        CHAIRPERSON

INDEX

CASE ID	AR1999033860	
SUFFIX		
RECON		
DATE BOARDED	20000608	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.