MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            18 June 2002
	DOCKET NUMBER:   AR2001065839

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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 records be corrected to show that he retired in the rank and pay grade of staff sergeant (E-6) and that he is awarded retroactive pay and allowances.

APPLICANT STATES:  That he did not commit the offense the way that it was alleged and that he did not intend to do anything wrong.

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

On 15 May 1985, he enlisted in the Army in the pay grade of E-1.  He successfully completed his training as a cook and he remained on active duty through a series of continuous reenlistments and extensions.

The facts and circumstances surrounding the applicant’s numerous reductions are not a part of the available records.  The records do show that he was promoted to pay grade E-2 on 15 November 1985, to E-3 on 15 May 1986 and to E-4 on 1 July 1987.  He was reduced to pay grade E-3 on 12 March 1990 and he was advanced to E-4 again on 1 July 1990.  He was promoted to pay grade E-5 on 1 April 1991 and to E-6 on 1 November 1996.  On 25 November 1996, the applicant was reduced to the pay grade of E-5 and on 17 December 1996, he was reduced to pay grade E-4.

His Certificate of Release or Discharge (DD Form 214) shows that he was honorably discharged as a result of a permanent disability on 7 October 2001, in the pay grade of E-4.  He had completed 16 years, 4 months and 23 days of total active service.

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

2.  The evidence of record shows that he was discharged on 7 October 2001, in the pay grade of E-4.  Therefore, his DD Form 214 is correct as currently reflected and he is not entitled to retroactive pay and allowances.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mm___  ___alr___  ___kak __  DENY APPLICATION

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

INDEX

CASE ID	AR2001065839	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  283	128.0000	
2.  302	129.0000	
3.		
4.		
5.		
6.