MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           14 November 2002                  
	DOCKET NUMBER:   AR2002076351

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian 		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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REQUESTS:  In effect, that the nonjudicial punishment (NJP) which effected his reduction from pay grade E-4 to E-3 be withdrawn from his records. 

APPLICANT STATES:  That his reduction to pay grade E-3 was suspended and he is not clear why he was not shown with pay grade E-4 on his separation document.

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

During the period 25 September through 7 October 1982, he was a member of the Army Reserve Delayed Enlistment Program.

On 8 October 1981, he enlisted in the Regular Army.

During the period 19 July 1983 through 5 October 1984, he served in a unit in Germany.

On 25 June 1984, he was administered NJP for his failure to obey a lawful order on 1 June 1984.  His punishment included a forfeiture of $100 pay, restriction for 14 days and a reduction to pay grade E-3 (suspended for 90 days).  He did not appeal.

On 21 August 1984, his commander vacated the suspension of the reduction to pay grade E-3, based on his absence without leave (AWOL) for the period        18 through 20 August 1984.  There is no record of punishment for this misconduct.

On 5 September 1984, he indicated he did not desire a medical examination for separation.

On 30 September 1984, he was honorably separated in pay grade E-3 under Army Regulation 635-200, chapter 4, based on the expiration of his term of service.  His separation document indicates he had 2 years, 11 months and      23 days of creditable 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 evidence of record clearly shows the applicant’s pay grade as E-3 at the time of his separation, based on the NJP and subsequent vacation of the suspension of his reduction.

2.  The evidence shows the suspension of his reduction to pay grade E-3 was vacated based on his 18 to 21 August 1984 AWOL.
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

_AAO___  _RKS___  _JPI____    DENY APPLICATION

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

INDEX

CASE ID	AR2002076351	
SUFFIX		
RECON		
DATE BOARDED	20021114	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	133	
2.		
3.		
4.		
5.		
6.