| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L. Amos | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Thomas B. Redfern | Member | |
| Ms. Mae M. Bullock | Member |
APPLICANT REQUESTS: Reconsideration of his request that his records be corrected to reflect his pay grade as E-5 instead of E-2.
APPLICANT STATES: That, when he was in the U. S. Army Reserve (USAR), he was advanced to pay grade E-2 upon completing advanced individual training. He then enlisted in the Regular Army. He did not have any record of nonjudicial punishment or disciplinary actions yet he did not receive incremental promotions. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he had a lengthy list of awards.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 20 March 2003 (AR2002079618).
The applicant's Regular Army records are available as new evidence.
The applicant enlisted in the USAR on 25 November 1981. He was promoted to Specialist Four, E-4 in the USAR on 28 October 1987. He enlisted in the Regular Army on 21 October 1988 in pay grade E-2.
The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was reduced to pay grade E-1 with a date of rank of 20 April 1989. A DA Form 4187 (Personnel Action) dated 24 April 1989 shows he was reduced to pay grade E-1 effective 20 April 1989 as a result of Uniform Code of Military Justice action.
The applicant's DA Form 2-1 shows he was advanced to pay grade E-2 with a date of rank of 1 October 1989.
A DA Form 4187 (Personnel Action) dated 6 December 1989 shows the applicant's duty status changed from emergency leave to absent without leave (AWOL) effective 22 November 1989. Another DA Form 4187 dated 6 December 1989 shows his duty status changed from AWOL to present for duty effective 27 November 1989.
On 20 January 1990, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for being absent without authority from on or about 23 (sic) November 1989 to on or about 27 November 1989. His punishment included a reduction to pay grade E-1.
The applicant was apparently advanced to pay grade E-2 on an unknown date.
On 20 August 1990, the applicant was honorably discharged due to sole parenthood in the rank of Private, E-2. Item 12h (Effective Date of Pay Grade) of his DD Form 214 erroneously shows his date of rank as 21 October 1988. His DD Form 214 shows he was awarded the Army Service Ribbon, the Army Lapel Button, the Expert Qualification Badge with Rifle bar, the Overseas Service Ribbon, and the Army Achievement Medal (orders for the Army Achievement Medal are not available).
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 did have a record of disciplinary actions and nonjudicial punishment while in the Regular Army. He was reduced to pay grade E-1 (for the second time) for a 5-day period of AWOL on 20 April 1990. He was later advanced to pay grade E-2 on an unknown date.
3. The Board notes that, except for one Army Achievement Medal, the applicant received no awards and decorations other than three service awards and a marksman qualification badge.
4. The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.
5. 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___ __tbr___ __mmb___ DENY APPLICATION
| CASE ID | AR2003089263 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030807 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 131.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2012 | 20120019293
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his rank/grade as specialist (SPC)/E-4 * his last duty assignment and major command as the 411th Medical Company * the station where he separated as Savannah, GA * his character of service as honorable 2. His DD Form 214 shows he was released from active duty for training on 26 May 1989 by reason of completion of required active service with uncharacterized service. The...
ARMY | BCMR | CY2014 | 20140015368
As a new issue, he requests the issuance of a DD Form 214 for his Reserve Officers' Training Corps (ROTC) Advanced Camp service in 1988 and that this DD Form 214 show his pay grade as E-5. Regarding the correction of his DD Form 214 for the period ending 19 May 1991 to show his pay grade as E-5, the evidence of record, as well as that provided by the applicant, does not support the granting of this request. c. As further evidence he no longer held the pay grade of E-5 after disenrollment...
ARMY | BCMR | CY2001 | 2001059936C070421
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. APPLICANT REQUESTS: In...
ARMY | BCMR | CY2011 | 20110020911
Her DA Form 2-1 (Personnel Qualification Record) shows she was promoted as follows: * PV1- 23 December 1988 * PV2- 22 August 1989 * PFC - no entry * SPC - 16 February 1990 7. With regard to the rank/grade of E-1 recorded on the applicants DD Form 214; she enlisted in the USAR as a PV1 on 23 December 1988 and was promoted to PV2 on 22 August 1989. Additionally, the characterization of service for USAR Soldiers who successfully complete a period of IADT and are in entry level status is...
ARMY | BCMR | CY1990-1993 | 9109444
The applicant requests that the effective date of his promotion to pay grade E-3 be corrected from 26 April to 16 January 1990. Therefore, his advancement to pay grade E-3 should have been effective the date of his enlistment. That all of the Department of the Army records related to this case be corrected by showing the applicant was advanced to pay grade E-3 effective 28 July 1989.
ARMY | BCMR | CY2002 | 2002070880C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military record shows: Notwithstanding the applicant's prior honorable service and his service in the Persian Gulf War, the Board does not find that his service was so meritorious as to outweigh the offenses that resulted in his general court-martial conviction and bad conduct discharge.
ARMY | BCMR | CY2001 | 2001060084C070421
EVIDENCE OF RECORD : The applicant's military records show: On 18 February 1997, the Army Discharge Review Board (ADRB) denied the applicant’s request for upgrade of his discharge to general. The applicant’s contentions that unlawful actions were taken against him and that his constitutional rights were violated are not supported by the evidence of record.
ARMY | BCMR | CY2002 | 2002077019C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 17 July 1989, the applicant submitted an Application for Voluntary Retirement (DA Form 2339) requesting that he be REFRAD for the purpose of retirement on 30 September 1991, in the rank and pay grade of SGT/E-5 On 3 August 2002, the Army Grade Determination Review Board (AGDRB) denied the applicant’s request for advancement to SSG/E-6 on the Retired List.
ARMY | BCMR | CY2007 | 20070004096
The applicant states, in effect, that his military personnel file indicates that he was reduced to pay grade E-1 on 22 June 1989. The applicant has provided no evidence to show that his reduction to pay grade E-1 was an erroneous entry in his military records. There is no evidence in the applicant's military records that show his reduction to pay grade E-1 was revoked.
ARMY | BCMR | CY2002 | 2002078901C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Promotion Orders 205-7, issued by the Department of the Army, U.S. Total Army Personnel Command (PERSCOM), dated 29 November 1989, authorized the applicant’s promotion to MSG/E-8 with an effective date of 1 January 1990. The evidence of record confirms that the applicant’s voluntary retirement request was approved in April 1989, eight months prior to the effective date of...