| Mr. Carl W. S. Chun | Director | |
| Mr. G. E. Vandenberg | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: That his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show that he was discharged in pay grade E-5.
APPLICANT STATES: In effect, his DD Form 214 is in error and that he was an E-5 at the time of his release from active duty. He states that the Board should find it in the interest of justice to consider the case, because he did not know that his DD Form 214 was in error until recently when he was applying for a home loan.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant entered active duty on 15 August 1978. He completed basic combat training and advanced individual training with award of the military occupational specialty of 94B (Food Services Specialist). The applicant was promoted to Specialist Fourth Class (SP4) on 1 December 1980. This is the highest rank of record.
Although there is no documentation on a 6 August 1981 NJP, the applicant’s Personnel Qualification Record (DD Form 2-1) shows he was reduced from SP4 to PFC on 6 August 1981, with a second promotion to SP4 on 1 March 1982. There are no other documents in the record to confirm these promotions or the 1981 reduction.
On 19 July 1983, the applicant received non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice for two counts of failure to go to his place of duty, one count of failure to obey a lawful order, and one count of being incapacitated as a result of previous indulgence in intoxicating liquor. The punishment imposed included reduction to private first class (PFC) (E-3).
The applicant was discharged under Army Regulation 635-200, chapter 13, for unsatisfactory performance on 20 August 1983 in pay grade E-3.
Army Regulation 600-200, at` paragraph 7-13, then in effect, stated that advancement to pay grade E-4 was not mandatory. Commanders could, without constraint, advance service members who had completed 24 months time in service and 6 months time in grade.
The policies and procedures governing the imposition of nonjudicial punishment are set out in title 10, United States Code, section 815 (Article 15, UCMJ), and in Army Regulation 27-10, chapter 3.
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. There is no indication that the applicant ever attained the rank of sergeant pay grade (E-5).
2. The NJP, which reduced the applicant to E-3, was imposed in compliance with applicable laws, regulations and policies. The punishment imposed was not disproportionate to the offenses, and there is no evidence of any substantive violation of any of the applicant's rights.
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.
| CASE ID | AR2002066749 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020409 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | A93.07 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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