MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 March 2003
	DOCKET NUMBER:   AR2002079529

	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 J. Wagner		Chairperson	
	Mr. William D. Powers		Member	
	Ms. Linda M. Barker		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:  In effect, that his military records be corrected to show the rank of specialist four/E-4 (SP4/E-4).

APPLICANT STATES:  In effect, that he was never reduced in rank as a result of the nonjudicial punishment (NJP) he accepted in October 1983.  In support of his application, he submits a copy of his separation document (DD Form 214) and a copy of a Record Of Proceedings Under Article 15, UCMJ (DA Form 2627), dated 11 October 1983.

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

On 19 June 1980, he entered the Army for a period of 4 years.  He was trained and served in military occupational specialty (MOS) 26V (Strategic Microwave System Repairer).  During his tenure on active duty, he was awarded the Army Good Conduct Medal, Army Service Ribbon, and Overseas Service Ribbon.

The applicant’s Personnel Qualification Record (DA Form 2-1) shows, in 
Item 18 (Appointments and Reductions), that the highest rank and pay grade he attained while serving on active duty was SP4/E-4, and that he was promoted to this rank on 15 November 1982.  However, Item 18 also confirms that on 
11 October 1983, he was reduced to private first class/E-3 (PFC/E-3).

The applicant’s disciplinary history includes his acceptance of NJP on 11 October 1983, for violating Article 107 of the Uniform Code of Military Justice (UCMJ) by making a false official statement.  His punishment for this offense included a reduction PFC/E-3 which was suspended for 4 months.  

The applicant’s Military Personnel Record Jacket (MPRJ) contains a Record of Supplementary Action Under Article 15, UCMJ (DA Form 2627-2), dated 
31 October 1983.  This document confirms that while performing extra duty on 
16 October 1983, the applicant disobeyed a lawful order from a noncommissioned officer (NCO).  As a result, his suspended reduction was vacated and he was reduced to PFC/E-3, effective 11 October 1983. 

The DD Form 214 issued to and signed by the applicant on the date of his separation, 15 June 1984, confirms that he was honorably separated in the rank and pay grade of PFC/E-3 on that date.  This document also confirms that the reason for his separation was completion of his term of service, and that at the time of his separation, he had completed a total of 3 years, 11 months, and 
27 days of active military service.

Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-4, states in effect, that the active duty grade of rank and pay grade at the time of separation will be entered on the separation document.

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 his rank at the time of his separation is incorrect and should be corrected to read SP4/E-4.  However, it finds insufficient evidence to support this claim.  

2.  The evidence of record confirms that the applicant was reduced to PFC/E-3, effective 11 October 1983.  This reduction was the result of his suspended reduction being vacated for cause based on an incident of misconduct. 

3.  Lacking independent evidence to the contrary, the Board is satisfied that all requirements of law and regulation were met, and that the applicant’s rights were fully protected throughout the suspended punishment vacation and reduction processes.  As a result, the Board concludes that there is no basis for changing the applicant’s rank and pay grade at this time. 

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 this 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

__RJW__  __WDP _  __ LMB__  DENY APPLICATION

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

INDEX

CASE ID	AR2002079529	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/03/04	
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.	131.0900	
2.		
3.		
4.		
5.		
6.