| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Roger W. Able | Chairperson | |
| Mr. Richard T. Dunbar | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: That his records be corrected to show that he retired in the rank of sergeant major.
APPLICANT STATES: That he was removed from the Sergeants Major Academy for fabricating a lie that the hospital first sergeant was drinking daily in a bar downtown in uniform. In support of his application he submits a DA Form 4187 (Personnel Action) requesting a Standby Advisory Board for grade E-9, associated documents pertaining to his reinstatement to the Sergeants Major Academy, and a letter from the Office of the Inspector General (IG), Fort Sam Houston, Texas.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant entered the Army on 6 August 1969 and served as a hospital food service supervisor. His awards include the Meritorious Service Medal, the Army Commendation Medal (2ND OLC) the Good Conduct Medal (6th Award), the Army Achievement Medal, the Humanitarian Service Medal, and the National Defense Service Medal.
The applicant was removed from the Sergeants Major Academy, Class 31(January 1988). The facts and circumstances surrounding his removal are absent from the file.
The letter from the Office of the Inspector General, Fort Sam Houston, Texas submitted by the applicant indicates that information at both the United States Total Army Personnel Command, Headquarters, Department of the Army, and at Fort Campbell, Kentucky reflects that there was no flag on the applicant’s record at either Fort Campbell or at Headquarters, Department of the Army. Additionally, the letter indicated that the applicant should request to be reinstated to the Sergeants Major Academy.
DA Form 4187 submitted by the applicant dated 3 July 1989 indicates he requested a SSB for pay grade E-9 because he was erroneously removed from the Sergeants Major Academy, Class 31(January 1988) by a previous chain of command. Also, the applicant was rescheduled to attend Class 35, January 1990 as the result of an IG determination.
On 19 January 1990 the applicant submitted his application for voluntary retirement. He retired in the pay grade E-8 on 30 April 1990.
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 file indicates the applicant was rescheduled to attend the Sergeants Major Academy, Class 35 in January 1990. Also, he submitted his application
for voluntary retirement on 19 January 1990. It appears the applicant chose to retire and not attend the Sergeants Major Academy.
2. The Board found no evidence that a material error existed in the applicant’s file that would warrant a change in his retired pay grade to E-9.
3. The applicant has failed to show through the evidence submitted or the evidence of record that his first time removal from the Sergeants Major Academy would have prevented his selection for promotion to pay grade E-9. Additionally, his file was absent of any reference of his removal from the Sergeants Major Academy either at Fort Campbell, Kentucky, or at Headquarters, Department of the Army. Therefore, the Board is reluctant to substitute its judgement for that of a promotion selection board.
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
___RWA_ __RTD__ __DPH___ DENY APPLICATION
| CASE ID | AR2001051569 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 200104012 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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