MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            18 June 2002
	DOCKET NUMBER:   AR2002066316

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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 the nonjudicial punishment (NJP) imposed against him on 30 August 1982, be set aside and that all rights and privileges be restored to him. 

APPLICANT STATES:  In effect, that NJP was imposed against him for disobeying a lawful order from his commander (a major) to report the unit as logistically ready, when in fact it was not.  He goes on to state that the Inspector General agreed with him that he should not have been ordered to lie, but he is not sure what became of their report.  

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

He enlisted in the United States Army Reserve (USAR) on 7 March 1975.  He completed his training and was returned to his unit.  He was promoted to the pay grade of E-5 on 9 October 1979 and reenlisted for a period of 4 years on 6 December 1979.

On 2 January 1980, he was ordered to active duty in the Active Guard/Reserve (AGR) Program for a period of 3 years.

On 7 April 1982, he was flagged for court-martial action.  The DA Form 268 (Report for Suspension of favorable Personnel Actions) indicates that he was pending trial by a Bad Conduct Discharge Special Courts-Martial for violation of Articles 86 (failure to go to place of duty), 87 (missing movement), 91 (disobeying a lawful order), 107 (making false official statements), 121 (larceny and wrongful appropriation) and 134 (specific offense not specified in the available records).  

On 30 August 1982, NJP was imposed against him for two specifications of failure to go to his place of duty, for missing movement with his unit, and for disobeying a lawful command from a superior noncommissioned officer.  His punishment consisted of a forfeiture of pay, reduction to the pay grade of E-4 (suspended until 19 December 1982), extra duty and restriction (suspended until 19 December 1982).  He did not appeal the punishment and he did not demand trial by court-martial.

On 1 January 1983, he was honorably released from active duty due to the expiration of his term of service and was transferred to the USAR Control Group (Reinforcement).

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 this requirement.

2.  The applicant’s contentions have been noted; however, they are not supported by either the evidence submitted with his application or the evidence of record.  Accordingly, it must be presumed that NJP was imposed against him in accordance with the applicable regulations, with no indication of any violations of the applicant’s rights.  

3.  While the applicant may now think that he was unjustly punished, he was afforded the opportunity to demand a trial by court-martial, whereas he could have asserted his innocence.  However, he elected not to do so and the Board finds 20 years after-the fact, that there is no evidence in the available records to demonstrate error or injustice occurred in his case.

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

___mm__  __alr____  ___kak__  DENY APPLICATION

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

INDEX

CASE ID	AR2002066316	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  281	126.0400/REM NJP	
2.		
3.		
4.		
5.		
6.