| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Stanley Kelley | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Ms. Mae M. Bullock | Member |
APPLICANT REQUESTS: In effect, correction of his records to show he was discharged from the Army National Guard in pay grade E-4. He also requests correction of his pay records for the period January 1987 to November 1989.
APPLICANT STATES: That he was on the Weight Control Program before and after they took back his rank of specialist four (SP4)/pay grade E-4. He claims that being on the Weight Control Program never stopped him from performing his duties as his records will testify.
The applicant did not provide any documents in support of his application.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Army National Guard on 8 December 1983 in pay grade E-1.
He was promoted to the rank of private first class (PFC)/pay grade E-3 on 1 August 1985.
The applicant's personnel records contain a DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)) dated 24 January 1987 which shows a flag was initiated against him on 24 January 1987 and he was entered into the Weight Control Program.
Battery C, 2nd Battalion, 150th Field Artillery, Noblesville, Indiana Orders 1-2 dated 24 January 1987 promoted the applicant to SP4/E-4 effective 1 February 1987. These orders were revoked by Battery C, 2nd Battalion, 150th Field Artillery, Noblesville, Indiana Orders 3-1 on 11 February 1987.
Military Department of Indiana Adjutant General's Office Orders 252-221 dated 27 December 1988 discharged the applicant from the Army National Guard and as a reserve of the Army on 31 December 1988.
The applicant's NGB Form 22 (Report of Separation and Record of Service) shows he was discharged on 31 December 1988 as a PFC/E-3.
There is no evidence of record which shows the applicant was promoted to the rank of SP4/E-4 again prior to his discharge from the Army National Guard.
Army Regulation 600-8-2 (Suspension of Favorable Personnel Actions (FLAGS)) prescribes policies, operating tasks, and steps governing the suspension of favorable personnel actions as a function. Paragraph 1-11 states that flags will be submitted when an unfavorable action or investigation (formal or informal) is started against a soldier by military or civilian authorities.
Paragraph 1-13d of Army Regulation 600-8-2 states that entry into the Weight Control Program requires a transferable flag. The flag is removed on the day the commander decides that the soldier is in compliance with the program.
Paragraph 1-14d of the same regulation states that a flag prohibits the promotion or reevaluation for promotion of a soldier.
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. 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.
2. The evidence of record shows the applicant was flagged on 24 January 1987 and placed on the Weight Control Program.
3. Records show the applicant was promoted to SP4/E-4 effective 1 February 1987. However, the orders promoting him to SP4/E-4 were revoked due to the flagging action, dated 24 January 1987. By regulation, he was not eligible for promotion while flagged no matter what the quality of his service was otherwise.
4. There is no evidence of record which shows the applicant was promoted again to SP4/E-4 prior to his discharge from the Army National Guard.
5. The applicant's NGB Form 22 properly shows he was discharged in the rank of PFC/E-3.
6. Based on the foregoing, there is insufficient basis for correcting his records to show his pay grade as E-4. There is also no basis for correcting his pay records for the period January 1987 to November 1989.
7. 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
SK______ RJW_____ MMB_____ DENY APPLICATION
| CASE ID | AR2003088142 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20031106 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 129.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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