| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. John P. Infante | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: In effect, that the nonjudicial punishment (NJP) which effected his reduction from pay grade E-4 to E-3 be withdrawn from his records.
APPLICANT STATES: That his reduction to pay grade E-3 was suspended and he is not clear why he was not shown with pay grade E-4 on his separation document.
EVIDENCE OF RECORD: The applicant's military records show:
During the period 25 September through 7 October 1982, he was a member of the Army Reserve Delayed Enlistment Program.
On 8 October 1981, he enlisted in the Regular Army.
During the period 19 July 1983 through 5 October 1984, he served in a unit in Germany.
On 25 June 1984, he was administered NJP for his failure to obey a lawful order on 1 June 1984. His punishment included a forfeiture of $100 pay, restriction for 14 days and a reduction to pay grade E-3 (suspended for 90 days). He did not appeal.
On 21 August 1984, his commander vacated the suspension of the reduction to pay grade E-3, based on his absence without leave (AWOL) for the period 18 through 20 August 1984. There is no record of punishment for this misconduct.
On 5 September 1984, he indicated he did not desire a medical examination for separation.
On 30 September 1984, he was honorably separated in pay grade E-3 under Army Regulation 635-200, chapter 4, based on the expiration of his term of service. His separation document indicates he had 2 years, 11 months and 23 days of creditable service.
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 evidence of record clearly shows the applicant’s pay grade as E-3 at the time of his separation, based on the NJP and subsequent vacation of the suspension of his reduction.
2. The evidence shows the suspension of his reduction to pay grade E-3 was vacated based on his 18 to 21 August 1984 AWOL.
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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_AAO___ _RKS___ _JPI____ DENY APPLICATION
| CASE ID | AR2002076351 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021114 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 133 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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