RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        FEBRUARY 15, 2005
      DOCKET NUMBER:  AR20040001974


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Thomas A. Pagan               |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that her Certificate of Release or
Discharge (DD Form 214) be corrected to show that she was discharged in the
pay grade of E-4.

2.  The applicant states she was reduced from the pay grade of E-4 to the
pay grade of E-3 and that she was told in writing that after 100 days her
rank would be restored.  She states that she was discharged in the pay
grade of E-3 instead of pay grade E-4 and that she is unclear as to the
reasons why.  She states that there seems to have been an amendment made to
the nonjudicial punishment (NJP) that she was furnished which resulted in
her reduction to the pay grade of E-4 and that she never signed an
amendment.  She goes on to state, in effect, that there was an amendment
made to another NJP and that she was unaware of that amendment as well.
She concludes by stating that, in accordance with the punishment that she
received, 100 days after 16 May 1979, her rank should have been restored.

3.  The applicant provides no additional documentation in support of her
application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number AC94-
06412, on 27 July 1994.

2.  On 16 January 1976, she enlisted in the Army for 4 years in the pay
grade of E-1.  She successfully completed her training as a wire systems
installer/operator.  She was advanced to the pay grade of E-2 on 16 March
1976, to the pay grade E-3 on 27 May 1976 and to the pay grade of E-4 on 16
April 1977.

3.  On 16 May 1979, NJP was imposed against the applicant for being absent
without leave (AWOL) from 1 May until 3 May 1979.  Her punishment consisted
in a reduction to the pay grade of E-3 (suspended for 100 days), a
forfeiture of pay in the amount of $100.00 per month for 2 months and 20
days extra duty.




4.  The applicant had NJP imposed against her on 17 July 1979, for failure
to go to her appointed place of duty.  Her punishment consisted of a
forfeiture of pay in the amount of $100.00 per month for 1 month.  On the
same day, her commanding officer vacated the 100 days suspension for her
reduction to the pay grade of E-3 and her reduction was duly executed.

5.  On 9 November 1979, NJP was imposed against the applicant for failure
to go to her appointed place of duty.  Her punishment consisted of 14 days
restriction and 14 days extra duty.

6.  The applicant was honorably discharged on 17 January 1980, under the
provisions of Army Regulation 635-200, chapter 2, due to completion of her
required service.  She had completed 4 years of total active service and
the DD Form 214 that she was furnished at the time of her discharge shows
her pay grade as E-3.

7.  Paragraph 3-24 of Army Regulation 27-10 provides that further
misconduct by an individual within the period of suspension may be grounds
for vacation of the suspended portion of the punishment.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show 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 applicant’s contentions have been noted.  However, the available
records fail to substantiate her contention that her rank was to be
restored 100 days after her punishment was imposed.  The available records
show that her punishment was suspended for 100 days and that the suspension
was vacated when she failed to go to her appointed place of duty on 17 July
1979.

3.  In accordance with the applicable regulation, since her failure to go
to her appointed place of duty on 17 July 1979 occurred with the period of
suspension, her act of misconduct was a valid basis to vacate her 100-day
suspension.  Accordingly, she was reduced to the pay grade of E-3 and she
continued to
serve in that pay grade up until the time that she was discharged from the
Army on 17 January 1980.  Therefore, her DD Form 214 appropriately reflects
her pay grade as E-3.



4.  Additionally there is no evidence in the available record nor has the
applicant submitted any evidence to support her contention that amendments
were made to her record of proceedings.  Although, she may have
misinterpreted what was included in the record of proceedings the NJP was
imposed in compliance with applicable laws, regulations and policies.  The
punishment imposed was not disproportionate to the offense, and there is no
evidence of any substantive violation of any of the applicant's rights.

5.  In view of the foregoing, there is no basis for granting the
applicant’s request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

jlp  _____  tap_____  kwl   _____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AC94-06412, dated 27 July 1994.




                                  __   _Jennifer L. Prater___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001974                           |
|SUFFIX                  |                                        |
|RECON                   |19940727                                |
|DATE BOARDED            |20050215                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  302  |129.0000.0000/PAY GRADE                 |
|2.  308                 |129.0600.0000/REDUCTION                 |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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