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ARMY | BCMR | CY2002 | 2002074836C070403
Original file (2002074836C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 11 February 2003
         DOCKET NUMBER: AR2002074836

         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
Mrs. Joyce A. Hall Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Mr. Antonio Uribe 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 his Honorable Discharge Certificate with the effective date of 12 October 1989 be corrected to show his pay grade as E-4.

APPLICANT STATES: He made no additional statement; however, in support of his application he submits a copy of his discharge certificate from the U. S. Army Reserve (USAR) and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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

On 6 October 1983, the applicant enlisted in the Regular Army for 3 years. On 15 October 1986, he was honorably released from active duty in pay grade
E-4. He was transferred to the USAR Control Group (Reinforcement).

The applicant subsequently transferred to a USAR Troop Program Unit (TPU) on 24 February 1988.

There are several notices in his record that shows he was absent from scheduled unit training assemblies and/or absent from annual training.

The applicant was informed by letter, dated 23 July 1988, from Company A, 841st Engineer Battalion (Combat), Fort Lauderdale, Florida, that he was being reduced one grade for his misconduct based on unauthorized absence from training.

There is no evidence of record to show that he was promoted back to pay grade E-4 prior to his separation from the USAR.

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 Board considered the applicant's request to correct his pay grade to
E-4 on his discharge certificate from the USAR.

2. The applicant was released from active duty in the pay grade of E-4. He was transferred to the USAR Control Group (Reinforcement), then into a USAR TPU. He failed to report for the scheduled unit training and annual training.

3. The evidence of record shows that as a result of his unexcused absences, he was reduced to pay grade E-3.



4. There is no evidence that he was promoted back to E-4 prior to his discharge from the Army Reserve. Therefore, his Honorable Discharge Certificate with an effective date of 12th October 1989 is correct as currently constituted. There is no basis to correct his discharge certificate to show his pay grade as E-4.

5. In order to justify correction or 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.

6. 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

__SAC__ ___AU___ ___RKS_ DENY APPLICATION



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




INDEX

CASE ID AR2002074836
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/02/11
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. 100.0000
2.
3.
4.
5.
6.


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