MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 September 1999                   
	DOCKET NUMBER:   AR1999016221

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

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Lester Echols		Member	
	Mr. James P. Steuve		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his grade of Specialist Four, E-4 be restored and he be paid E-4 pay for the 30 days he was in the stockade.

APPLICANT STATES:  That a Navy officer was hit by another soldier during an altercation.  That soldier told the commander that he, not the applicant, had committed the assault.  The applicant was told to go along with the court-martial and he would be found not guilty.  He was found guilty, reduced to E-1, served 30 days in the stockade with no pay, and then drew E-1 pay until he separated.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army on 17 March 1972.  

On 21 November 1974, in special court-martial proceedings, the applicant was charged with assault and being absent without leave (AWOL) from 1 until on or about 6 November 1974.  He pleaded not guilty to the assault charge and guilty to the AWOL charge.  He was found guilty of both charges and was sentenced to be reduced to E-1, to perform hard labor without confinement for 45 days, to be restricted for 45 days, and to forfeit $150 pay for 2 months.

On 14 April 1975, the applicant was released from active duty upon completing his normal expiration term of service.  He had completed 3 years of creditable active service and had 29 days of lost time (one 9-day period of AWOL/civil confinement, one 5-day period of AWOL, and one 15-day period of pre-trial confinement).

Title 10, U.S. Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.

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.  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 the aforementioned requirement.

2.  Trial by court-martial was warranted by the gravity of the offense charged.  The applicant’s contentions relate to evidentiary matters which should have been appealed at the time.  The Board notes that he did plead guilty to one of the charges.  The Board also notes he was not sentenced to confinement.

3.  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

__eb____  __le____  ___jps__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999016221	
SUFFIX		
RECON		
DATE BOARDED	19990930	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.