APPLICANT REQUESTS:  In effect, correction of his military records by showing on his DD Form 214 (Certificate of Release or Discharge from Active Duty) that his rank was specialist four, and that his pay grade was E-4.

APPLICANT STATES:  A mistake was made on his DD Form 214 at the time of his discharge.

COUNSEL CONTENDS:  Counsel reviewed the case and submitted no additional issues.

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

On 13 February 1991, the applicant enlisted in the Regular Army, in pay grade E-1.  He was advanced to pay grades E-2, E-3, and E-4 effective 13 August 1991, 1 March 1992, and 1 October 1992, respectively.

On 9 August 1993, while serving in pay grade E-4, the applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for failure to go at the time prescribed to his appointed place of duty on two occasions.  His imposed punishment was reduction to pay grade E-3, a forfeiture of $233 pay (suspended), and 14 days extra duty.  He did not appeal.  On 18 August 1993, the suspension of the punishment of $233 pay was vacated.

On 26 August 1993, while serving in pay grade E-3, the applicant received NJP under Article 15, UCMJ, for being absent without leave from 0830 hours, 17 August 1993, to on or about 1630 hours, 18 August 1993.  His imposed punishment was reduction to pay grade E-2, a forfeiture of $213 pay, 14 days restriction, and 14 days extra duty.  His appeal was denied.

On 21 October 1993, the applicant was notified of the proposed action to separate him under Army Regulation 
635-200, chapter 14, for patterns of misconduct, and of his 
rights.  All documents pertaining to the separation action, to include statements signed by the applicant, show his rank as private and his pay grade as E-2.

Orders, dated 9 November 1993, show that the applicant, as a private E-2, was reassigned to the U.S. Army Transition Point for transition processing.

The applicant’s DD Form 214 indicates that he was discharged, under honorable conditions, as a private E-2, on 18 November 1993 under Army Regulation 635-200, paragraph 14-12b, for misconduct.  The effective date of his pay grade was shown on the DD Form 214 as 26 August 1993.

There is no evidence in the available records that the applicant was advanced to a higher grade after his reduction to pay grade E-2 on 26 August 1993.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, and 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 this requirement.

2.  The evidence of record indicates that the applicant was reduced to pay grade E-2 effective 26 August 1993 as a result of receiving NJP under Article 15, UCMJ, and that he was not advanced to a higher pay grade after that date.

3.  The applicant nor counsel has submitted neither probative evidence nor a convincing argument in support of the request.

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




						Karl F. Schneider
						Acting Director