| Mr. Loren G. Harrell | Director | |
| Mr. Rick a. Schweigert | Analyst |
| Ms. Shirley L. Powell | Chairperson | |
| Mr. Samuel Calderon | Member | |
| Ms. Barbara J. Ellis | Member |
2. The applicant requests, in effect, that all of his military records be corrected to show that he retired in pay grade E-6 rather than pay grade E-5.
3. The applicant states, in effect, that the General Court-Martial Convening Authority (GCMCA) took action in his case after his retirement date and modified his sentence only by reducing him to pay grade to E-6.
4. The applicant formerly was serving on active duty in pay grade E-7 when he was convicted by general court-martial of unlawfully entering an office building with intent to commit larceny and for stealing military property of a value over $100.00. The sentence was adjudged on 7 December 1998. The sentence consisted of reduction to pay grade E-5.
5. Thereafter, the applicant was released from active duty on 31 January 1999. On 1 February 1999 his named was placed on the retired list in pay grade E-5.
6. A pretrial agreement concerning the sentence shows the GCMCA agreed to disapprove any reduction below pay grade E-5, and confinement, and any punitive discharge.
7. On 16 February 1999, the GCMCA took action on the sentence. Despite the fact that the pretrial agreement provided for reduction to pay grade E-5, the GCMCA approved only so much of the sentence as provided for reduction to pay grade E-6.
8. Since the applicant was no longer on active duty, the action by the GCMCA to modify the sentence was not implemented. Accordingly, the applicant appeals to this Board to implement the modified sentence.
CONCLUSIONS:
1. It appears appropriate and just to implement the applicant's sentence of his general court-martial conviction as modified by the GCMCA on 16 February 1999.
2. Accordingly, his records should show that he was reduced to pay grade E-6 vice pay grade E-5, and that he was retired in the higher grade.
3. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected:
a. by showing that the individual concerned was reduced by general court-martial on 7 December 1998 to pay grade E-6 rather than pay grade E-5;
b. by showing that he continued to serve on active duty in pay grade E-6 from the date of his conviction on 7 December 1998 to the date of his release from active duty on 31 January 1999; and
c. by showing that his name was placed on the retired list in pay grade
E-6 effective 1 February 1999.
BOARD VOTE:
__SC____ __BJE__ __SLP___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__ Shirley L. Powell___
CHAIRPERSON
| CASE ID | AR1999026206 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 19990826 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 105 | |
| 2. 133 | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
S: 5 NOV 99
SFMR-RBR - 1st End (26 AUG 99, Docket Number AR1999026206)
SUBJECT: ABCMR Proceedings
HQDA, OASA, Arlington, Virginia 22202-4508 27 AUG 99
THRU: Commander, Total Army Personnel Command, ATTN: TAPC-MSE-A
200 Stovall Street, Alexandria, Virginia 22332-0400
TO: US Army Review Boards Agency Support Division - St. Louis
ATTN: SFMR-RBR-SL, 9700 Page Avenue, St. Louis, Missouri 63132-5200
1. Under the authority of Title 10, United States Code, section 1552, the recommendation of the Army Board for Correction of Military Records is hereby approved, and it is directed that all of the Department of the Army records of the individual concerned be corrected as shown under Recommendation in the Proceedings of the Board in this case.
2. Request necessary administrative action be taken to effect the correction of records as indicated no later than 5 November 1999. Further, request that the individual concerned and counsel, if any, as well as any members of Congress who have shown interest be advised of the correction and that the Board for Correction of Military Records be furnished a copy of the correspondence.
BY ORDER OF THE SECRETARY OF THE ARMY:
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