RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            04 MARCH 2006
      DOCKET NUMBER:   AR20050007792


      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             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Jose Martinez                 |     |Member               |
|     |Ms. Jeanette McCants              |     |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 that his records be corrected to reflect that he
was advanced to the pay grade of E-4 on 1 June 2000 and that his subsequent
reductions and promotions be adjusted accordingly, with entitlement to all
back pay and allowances.

2.  The applicant states that he was supposed to be advanced to the pay
grade of E-4 on 1 June 2000; however, the orders were misplaced and found a
year later.  Accordingly, he desires to have his ranks changed from that
date with entitlement to back pay and allowances.

3.  The applicant provides a copy of a response from the Defense Finance
and Accounting Service (DFAS) regarding a debt that the DFAS is attempting
to collect from the applicant and an explanation of his account.  He also
provides a copy of a pay inquiry dated 8 January 2002, a letter from his
commander dated 9 January 2002, copies of two DA Form 2627s, a DA Form 268
dated 12 January 2000, a DA Form 268 dated 7 March 2000, what appears to be
an illegible order, an order advancing him to the pay grade of E-3
effective 1 March 2001 and a DA Form 4187 advancing him to the pay grade of
E-4 effective 1 October 2001.

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the Regular Army in Pittsburgh, Pennsylvania, on 24
February 1998, for a period of 4 years and training as a multiple launch
rocket system (MLRS) fire direction specialist.  He completed his basic
combat training at Fort Jackson, South Carolina, and his advanced
individual training (AIT) at Fort Sill, Oklahoma. He was advanced to the
pay grade of E-3 on 1 May 1999.  Although the reduction document is not
contained in his records, it appears that he was reduced to the pay grade
of E-2 on 25 June 1999.

2.  Upon completion of his AIT he was transferred to Bamberg, Germany on
19 September 1999, for assignment to a MLRS Battery.  He was advanced to
the pay grade of E-3 on 1 April 2000.

3.  Again, the reduction instrument is not present in the available
records; however, they show that he was reduced to the pay grade of E-2 on
29 August 2000.

4.  He was again advanced to the pay grade of E-3 on 1 April 2001 and to
the pay grade of E-4 on 1 October 2001.

5.  On 17 January 2002, he reenlisted for a period of 6 years and a
selective reenlistment bonus.

6.  On 20 February 2002, nonjudicial punishment (NJP) was imposed against
him for two specifications of failure to go to his place of duty.  His
punishment consisted of extra duty.

7.  On 19 March 2002, NJP was imposed against him for the wrongful
overindulgence of intoxicating liquor or drugs which resulted in his being
incapacitated for the proper performance of his duties.  His punishment
consisted of a reduction to the pay grade of E-3 (suspended until 19
September 2002), a forfeiture of pay, extra duty and restriction.  On 5
April 2002, his suspended reduction was vacated and he was reduced to the
pay grade of E-3 due to his failure to go to his place of duty on 22 March
2002.

8.  On 30 October 2002, while serving in Macedonia, NJP was imposed against
the applicant for being disrespectful in language towards a superior
noncommissioned officer.  His punishment consisted of a reduction to the
pay grade of E-2, a forfeiture of pay, extra duty and restriction.

9.  On 10 January 2003, the applicant underwent a mental status evaluation
and was determined to be mentally responsible and was cleared for any
administrative action deemed appropriate by command.

10.  On 24 February 2003, the applicant’s commander notified him that he
was initiating action to separate him from the service under the provisions
of Army Regulation 635-200, paragraph 14-12a, for misconduct based on minor
infractions.  The commander cited the applicant’s disciplinary record as
the basis for his recommendation.

11.  After consulting with counsel, the applicant elected to submit a
statement in his own behalf in which he explained to the approval authority
that he had received four company grade Article 15s and five summarized
Article 15s and that the NJP for being disrespectful to a noncommissioned
officer occurred when he was told to stop taking medication for depression.
 He went on to state that he believed that his experience was necessary to
the Army and explained that he wanted to give back to the Army what it had
spent so much money training him to do.

12.  On 14 March 2003, the appropriate authority approved the
recommendation for separation and directed that he be furnished a General
Discharge Certificate.

13.  Accordingly, he was discharged under honorably conditions in the pay
grade of E-2 on 27 March 2003, under the provisions of Army Regulation 635-
200, paragraph 14-12a, due to misconduct.  He had served 5 years, 1 month
and 4 days of total active service.

14.  A review of the available records fails to show that the applicant was
advanced to the pay grade of E-4 on 1 June 2000.

15.  The 9 January 2002 memorandum provided by the applicant from his
commander indicates that the applicant was promoted in his previous unit in
June 2000; however, the orders were misplaced and he was not promoted.  The
commander does not specify the effective date of promotion or make mention
if the orders were ever found.

16.  Army Regulation 600-8-19, Enlisted Promotions and Reductions,
provides, in pertinent part, that the requirements for promotion to the pay
grade of E-4 is that the individual must have 24 months time in service
(TIS) and 6 months time in grade (TIMIG).  Promotion to the pay grade of E-
4 may be waived at 18 months TIS and 3 months TIMIG.  However, any soldier
reduced must be fully qualified (without waiver) for promotion to the next
higher.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was advanced to the pay grade of E-4
on 1 June 2000 has been noted.  However, he has failed to show through the
evidence submitted with his application or the evidence of record
sufficient documentation to substantiate his claim.

2.  It is also noted that the applicable regulation requires that an
individual must have a minimum of 3 months TIMIG for promotion to the pay
grade of E-4, if a waiver has been granted.  The applicant was advanced to
the pay grade of E-3 on 1 April 2000.  Accordingly, he could not be
promoted 2 months later to the pay grade of E-4 on 1 June 2000.

3.  Therefore, absent evidence to show that he was in fact eligible for
promotion and that a valid promotion instrument was authenticated, there is
no basis to grant his request.

4.  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.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JA___  ___JM __  ___JM___  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.





                                  _____James Anderholm________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007792                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060404                                |
|TYPE OF DISCHARGE       |(GD-UHC)                                |
|DATE OF DISCHARGE       |20030327                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 14, PARA 14-12b          |
|DISCHARGE REASON        |MISCONDUCT                              |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |302/pay grade                           |
|1.129.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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