APPLICANT REQUESTS: In effect, the applicant requests that his retirement rank be changed from staff sergeant, pay grade E-6, to warrant officer.
APPLICANT STATES: That he completed the warrant officer entry course in December 1987, completed warrant officer technician training for the hawk missile system in
December 1988, and received verification of military experience and training in March 1995.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Army on 21 January 1976.
On 23 May 1985 the applicant received a letter of reprimand for driving while under the influence of intoxicating liquors.
The applicant completed the warrant officer entry course at Fort Rucker, Alabama on 20 October 1987. He completed a 10 month hawk missile system technician course at Fort Bliss, Texas on 16 December 1988. His academic evaluation report for that course shows that he was charged with driving while intoxicated during his assignment at Fort Bliss.
On 18 January 1989 the applicant received a letter of reprimand for misconduct - causing a traffic accident resulting in injuries, while under the influence of alcohol.
In December 1989 the Army Central Personnel Security Facility at Fort Meade, Maryland notified the applicant of the intent to revoke his security clearance. That letter of intent indicated that the applicant received a written reprimand for assault and battery upon his wife in 1982, was charged with driving while intoxicated in September 1984, was charged with driving under the influence of intoxicating liquors and speeding in May 1985, was charged with wrongful appropriation of private property in January 1986, had his check cashing privileges suspended indefinitely in 1986, and was charged with driving while intoxicated in 1988. In
May 1990, after consideration of the applicants response to the letter of intent, the applicants security clearance was revoked.
On 4 April 1994 the applicant received a memorandum of reprimand for driving while impaired.
On 8 September 1995 the applicant was notified that he was barred from reenlistment under the qualitative management program (QMP). The notification memorandum indicated that the applicant had received nonjudicial punishment under Article 15, UCMJ, on one occasion, had received three letters of reprimand, and had his security clearance revoked.
The applicant completed numerous functional and technical courses during his military career. His NCO evaluation reports have been no less than outstanding, and he has received numerous certificates of achievement and awards, including the meritorious service medal for 20 years of faithful service from 21 January 1976 to 31 January 1976.
There is no evidence of record that the applicant was appointed a warrant officer.
The applicants DD Form 214 showing his separation from active duty is not available.
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. Although the applicants DD Form 214 is not available, it can be safely assumed, based upon the applicants request, that he was transferred to the Retired Reserve with the rank of Staff Sergeant.
2. The applicant was not appointed a warrant officer. The applicants completion of a warrant officer entry course and a hawk missile technician course does not equate to an appointment as a warrant officer, nor retirement with that rank. He cannot be retired in a rank that he never held.
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 the aforementioned requirement.
4. 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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