APPLICANT REQUESTS:  In effect, payment of back pay and allowances for the difference between the pay grade of E-3 and E-1 from 1 April 1994 through 31 August 1995.

APPLICANT STATES:  That he enlisted on 10 September 1993 and was being paid properly until he was transferred to Korea.  At that point he began being paid as an E-1 and it was not corrected until September 1995.  In support of his application he submits copies of his leave and earning statements for the months of April 1994 and August 1995 depicting his pay grade as E-2.

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

The applicant enlisted on 10 September 1993 for a period of  3 years in the pay grade of E-3 for training as an armament repairer.

In the processing of this case a staff member of the Board contacted officials at the local Defense Finance and Accounting Service (DFAS) office to ascertain why the applicant was being paid in the pay grade of E-2 during the aforementioned period.  The DFAS officials indicated that nonjudicial punishment (NJP) was imposed against the applicant on 24 February 1994 which resulted in a reduction to the pay grade of E-2 and a forfeiture of $200.00.

A review of the applicant’s official records failed to reveal a copy of the NJP.  However, given the applicant’s rank and time in service, it would not be appropriate for the record of proceedings of NJP to be filed in his official records based on current regulatory guidance.

Army Regulation 600-8-104 prescribes the policies and procedures for the composition and maintenance of military personnel records.  It states, in pertinent part, that records of proceedings of NJP (DA Form 2627) issued on or after 25 January 1990 for soldiers in the pay grade of E-4 or below, will be filed locally in unit NJP files and will not be filed in the Military Personnel Records Jacket or Official Military Personnel File.  

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.  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 the aforementioned requirement.

2.  Although corrections of this nature are normally resolved at the unit level, the applicant has provided no evidence to show that he attempted to resolve the error at the time it occurred or provide corroboration from unit officials that the reduction in grade was in error or unjust.

3.  In view of the information obtained from the DFAS officials and in the absence of evidence to the contrary, it must be presumed that the applicant was properly reduced in grade as a result of the imposition of NJP.

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

                       DENY APPLICATION




		David R. Kinneer
		Executive Secretary