RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            2 September 2004
      DOCKET NUMBER:   AR2004102728


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Ronald J. Weaver              |     |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 his records be corrected to
show he was advanced on the retired list to Staff Sergeant (SSG), E-6, the
highest grade he held.

2.  The applicant states he has been retired and on the retired list for 30
years.  Towards the end of his 20 years of service, he was involved in two
alcohol-related incidents for which he was reduced two ranks, to Specialist
Four, E-4.  After that, he successfully completed the alcohol treatment
program, which turned him around.

3.  The applicant provides two DD Forms 214 (Certificate of Release or
Discharge from Active Duty), a DD Form 2586 (Verification of Military
Experience and Training), and a copy of his DA Form 2-1 (Personnel
Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  After having had prior service, the applicant enlisted in the Regular
Army on   9 August 1977.  He was promoted to SSG on 1 February 1985.

2.  The applicant attended the Advanced Noncommissioned Officer Course
(ANCOC) from 17 October to 6 December 1990.  His DA Form 1059 (Academic
Evaluation Report) shows he was "released early for misconduct" because he
"reported for duty intoxicated" and "his after duty behavior impeded the
motivational and learning process of the group."  The DA Form 1059
indicates he received an Article 15 while attending ANCOC; however, the
Article 15 is not available.

3.  On 22 September 1992, the applicant accepted nonjudicial punishment
under Article 15, Uniform Code of Military Justice for being drunk on duty
and failing to go to his appointed place of duty.  His punishment was a
reduction to pay grade E-5, a forfeiture of one-half of one month's pay for
two months (suspended), restriction for 45 days (suspended), and extra duty
for 45 days (suspended).   The suspended punishments were to be
automatically remitted if not vacated before 5 November 1992.  The
suspension of the punishment was vacated on    3 September 1992 because he
had been found drunk on duty on 29 September 1992.

4.  On 2 October 1992, the applicant accepted nonjudicial punishment under
Article 15, Uniform Code of Military Justice for operating a vehicle while
drunk.  His punishment was a reduction to pay grade E-4, a forfeiture of
one-half of one month's pay for two months (suspended), restriction for 45
days (suspended), and extra duty for 45 days (suspended).  The suspended
punishments were to be automatically remitted if not vacated before 15
November 1992.

5.  On 31 August 1993, the applicant was released from active duty for the
purpose of retiring after completing 20 years of creditable active service.
 He was placed on the retired list on 1 September 1993 in the rank of
Specialist Four, E-4.

6.  On 10 December 2003, the Army Grade Determination Review Board
determined that the applicant's request to be advanced on the retired list
to pay grade E-6 should be denied.  However, that board determined that the
highest grade in which he served satisfactorily for the purpose of
computation of retired pay was pay grade E-5.

7.  Title 10, U. S. Code, section 3964 provides that warrant officers and
enlisted members may, when their active service plus their service on the
retired list totals 30 years, be advanced on the retired list to the
highest grade in which they served on active duty satisfactorily.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received three Article 15s
while he was a SSG, E-6.  He could have referred himself for alcohol abuse
treatment after his first Article 15; however, he waited until after the
third alcohol-related incident to obtain treatment (whether self- or
command-referred).  The punishment he received with his third Article 15
included a reduction to Specialist Four, E-4.

2.  In December 2003, the Army Grade Determination Review Board determined
that the highest grade the applicant satisfactorily held was E-5.  There is
insufficient evidence to show that he satisfactorily held pay grade E-6;
therefore, additional relief is not warranted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__wtm___  __wdp___  __rjw___  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 for correction of the
records of the individual concerned.




            __Walter T. Morrison__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004102728                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040902                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |129.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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