APPLICANT REQUESTS: In effect, pay for his promotion from pay grade E-1 to E-2 and from E-2 to E-3.
APPLICANT STATES: In effect, that he was told that he would receive back pay before he was release from duty.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 113 June 1960. He completed 11 years of formal education. On 17 April 1979, the applicant enlisted in the Regular Army For 3 years. His Armed Forces Qualification Test score was 31 (Category IV). He completed the required training and was awarded military occupational specialty 11B10 (Infantryman).
On 17 September 1979, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for disobeying a lawful order and for unlawfully communicating a threat. His imposed punishment was a forfeiture of $97.00 pay, 14 days restriction and extra duty. On 17 October 1979, the applicant was advanced to pay grade E-2.
On 21 January 1980, the applicants advancement to pay grade E-3 was blocked. The applicants advancement was block because of poor duty performance.
On 5 November 1980, the applicant accepted NJP under Article 15, UCMJ, for being drunk and disorderly in the barracks and for communicating a threat. His imposed punishment was a reduction to pay grade E-1, a forfeiture of $251.00 pay per month for 2 months and 30 days in correctional custody.
On 21 April 1981, the applicant accepted NJP under Article 15, UCMJ, on two occasions of being disrespectful to a commissioned officer, for disobeying a lawful order and for being drunk and disorderly. His imposed punishment was a forfeiture of $117.00 pay and 14 days extra duty. The applicants record indicates that he was again advanced to pay grade E-2. Particulars are missing from the applicants files. On 30 December 1981, the applicant was advanced to pay grade E-3.
On 16 April 1982, the applicant was discharged, in pay grade E-3, under the provisions of Army Regulation 635-200, chapter 2, for completion of required service (ETS) with an honorable discharge. He had completed 3 years of creditable active service. He was awarded the Army Service Ribbon and the Overseas Service Ribbon.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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.
There is no evidence in his military records which indicates that he was not paid for his advancements to pay grade E2 or E-3. Nor has the applicant submitted probative evidence or a convincing argument in support of his request.
3. Therefore, in view of the foregoing, there is no basis for granting the applicants 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
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