MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           25 October 2001                  
	DOCKET NUMBER:   AR2001059513

	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. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Ronald E. Blakely		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: In effect, that his records be corrected to show that he was unfairly punished.  In addition, it appears he is requesting that either the Board investigate the circumstances leading to his separation or provide him the funds with which to do so.

APPLICANT STATES: In effect, that just prior to his separation from the Army he was unfairly reduced in rank.

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

He entered the Regular Army on 15 May 1961, at the age of 19, a high school graduate, for a period of three years, and was stationed at Fort Bragg, NC until his separation.  His highest rank held was sergeant.

DD Form 214 (Separation Document) shows that he was retained in the service for 20 days for the convenience of the government.  On 3 June 1964, he was separated under honorable conditions, for expiration of term of service.  His total active service period was 3 years, 3 months and 20 days.

On 19 March 1962, he was granted a waiver of time in grade for promotion to specialist for doing an outstanding job as a supply clerk.

On 7 April 1964, the applicant’s company commander requested he be punished under the provision of Article 15, Uniform Code of Military Justice (NJP), by the battle group commander.  He stated that the applicant had continually shown disrespect and contempt to authority.  He also stated that the applicant had made a false statement to a commissioned officer during an investigation involving the applicant.

On 13 April 1964, the battle group commander imposed NJP against the applicant for failure to go to his appointed place of duty and for using disrespectful language toward a non-commissioned officer.  His punishment consisted of reduction to specialist.  The applicant acknowledged the punishment imposed and indicated that he wanted to appeal and make a statement.  He remarked that the punishment was too severe for the circumstances.  He had been in the 82nd Airborne Division for about 2 ½ years and was almost at the end of his enlistment.  He felt he had the potential to become a career soldier, however the NJP imposed would be a liability if he continued his career.

On 9 May 1964, the applicant’s company commander submitted a statement to the effect that he considered the applicant a substandard soldier who should be barred from reenlistment.

On 21 May 1964, a member of the Fort Bragg, Staff Judge Advocate’s Office ruled that the punishment imposed on the applicant was legal and not excessive considering the offense.  The applicant’s appeal was denied by the commanding general on 21 May 1964.

On 26 May 1964, he was convicted by summary court-martial for absence without leave, breaking restriction, and for being disrespectful towards his superior officer.  He was sentenced to reduction to the grade of private, E-2.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and it is concluded:

1.  The applicant while not specific appears to contend that he was wrongly reduced from sergeant to private, E-2.  The applicant’s conduct during the months prior to his separation, though a relatively short period of time, tends to indicate that the general discharge he received was appropriate under the circumstances.  Since the applicant has submitted neither probative evidence nor a convincing argument in support of his request and the record contains no indication that his rights were violated during the summary court martial, NJP or separation processes, the Board has insufficient grounds to make any corrections he requests or infers.

2.  The Board’s function is to correct an error or injustice in a member’s military records.  It is not an investigative agency nor does it have the authority to grant the applicant funds or materials so that he may investigate.

3.  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.

4.  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

___rjw ___  ___kaw _  ____reb_  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001059513  	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011025	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.06	
2.	110.02	
3.		
4.		
5.		
6.