| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Mr. Ted S. Kanamine | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Ms. Karen Y. Fletcher | Member |
APPLICANT REQUESTS: That he be advanced to pay grade E-7 on the retired list.
APPLICANT STATES: The applicant made no statement, but provided a copy of orders promoting him to sergeant first class, pay grade E-7, effective on 1 June 1985.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Army for 3 years on 31 August 1971 and remained on continuous active duty until his retirement in 1991.
He was trained as a field radio repairman, completed various military courses, to include the NCO Logistics Program Course, the Advanced NCO Course (ANCOC), and the First Sergeant Course. He served in various locations throughout the world, to include Fort Knox, Kentucky; Fort Sill, Oklahoma; Fort Bragg, North Carolina; Fort Carson, Colorado; Fort Gordon, Georgia; Fort Bliss, Texas; Fort Lewis, Washington; a tour of duty in Thailand; and three tours of duty in Germany. His awards include the Vietnam Service Medal, five awards of the Army Good Conduct Medal, two awards of the National Defense Service Medal, and two awards of the Army Achievement Medal.
On 25 January 1974 the applicant received nonjudicial punishment under Article 15, UCMJ, for failure to go to his place of duty, and for disobeying an order from an NCO.
On 10 March 1977 the applicant, then assigned to a maintenance unit in Germany, received nonjudicial punishment under Article 15, UCMJ, for driving while drunk and for property damage.
The applicant was promoted to sergeant first class effective on 1 June 1985 with a date of rank of 5 May 1985.
On 8 February 1989 the applicant, then a sergeant first class, was arraigned at Fort Monmouth, New Jersey, at a special-court martial. He was tried and found guilty of wrongfully using cocaine between on or about 21-26 August 1988. He was sentenced to be reduced to pay grade E-6.
The applicant was reduced to pay grade E-6 on 8 February 1989.
The applicant retired from the Army on 31 August 1991 in the rank and grade of staff sergeant, E-6. He had 20 years of service.
Section 3964 of Title 10, U.S. Code, states, in effect, that each warrant officer and each enlisted member of the Regular Army who is retired, when his active service plus his service on the retired list totals 30 years, is entitled to be advanced on the retired list to the highest temporary grade in which he served on active duty satisfactorily, as determined by the Secretary of the Army.
Army Regulation 15-80 establishes the policies, procedures, and responsibilities of the Army Grade Determination Review Board (AGDRB). Paragraph 1-11 of that regulation states that the AGDRB will make final discretionary grade determinations on behalf of the Secretary of the Army for retiring or retired enlisted soldiers or warrant officers in 30-years cases. Paragraph 3-2 states that when a member's active service plus service on the retired list totals 30 years, the AGDRB will determine the highest grade in which a soldier has served satisfactorily.
Paragraph 2-5 states that service in the highest grade will be considered to have been unsatisfactory when reversion to a lower grade was owing to misconduct, or the result of the sentence of a court-martial.
On 25 March 2003, the AGDRB, in an unanimous decision, denied the applicant's request to be advanced to grade E-7 on the retired list because he received a special court-martial conviction for use of cocaine while in the grade.
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 applicant's 20 years of service to his country was marred by his court-martial conviction for cocaine use in 1989 while serving as a sergeant first class, pay grade E-7, a senior NCO, discrediting himself and the NCO ranks. His service in pay grade E-7, thus, was not satisfactory. His request to be advanced to pay grade E-7 on the retired list is not granted.
2. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.
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 that 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
__TSK __ __MHM__ __KYF __ DENY APPLICATION
| CASE ID | AR2003089657 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030701 |
| 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. | 129.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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