MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:           23 September 2003  
		DOCKET NUMBER:  AR2003086213

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Patrick H. McGann		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 14 March 1970 be amended to show his rank as Private First Class (PFC), E-3.

APPLICANT STATES:  That he was reduced from Specialist Four (SP4), E-4 to PFC by his court-martial; however, when he left post the installation people reduced him from E-4 to E-1.  He was told he could either accept the mistake or stay on post for another 30 days.  He chose to separate.  He provides his DD Form 214 for the period ending 14 March 1970 as supporting evidence.

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

He enlisted in the Regular Army on 17 November 1967.  He was honorably discharged on 23 September 1968 for the purpose of immediately reenlisting on 24 September 1968.  He was promoted to SP4 on 5 July 1969.

On 2 March 1970, the applicant was convicted by a special court-martial of being absent without leave (AWOL) from on or about 18 November 1969 to on or about 17 January 1970 and from on or about 8 February to on or about 17 February 1970.  The applicant's adjudged sentence was to be reduced to PFC. The convening authority approved the sentence on Headquarters, 3d Armored Cavalry Regiment, Fort Lewis, WA Special Court-Martial Order Number 43 dated 7 March 1970.

On 5 March 1970, action was initiated to separate the applicant under the provisions of Army Regulation 635-212 for unsuitability.  The appropriate authority approved the separation action on 9 March 1970 and directed the applicant be given a General Discharge Certificate.

The applicant's DA Form 20 (Enlisted Qualification Record), item 33 (Appointments and Reductions) shows he was reduced from PFC to Private, E-1 on Company H, 2d Squadron, 3d Armored Cavalry, Fort Lewis, WA Unit Orders Number 25, dated 1970, with a date of rank of 11 March 1970.  These unit orders are not available.

The applicant was discharged on 14 March 1970 with a general discharge.  His DD Form 214 for the period ending 14 March 1970 shows his rank as Private,   E-1 with a date of rank of 11 March 1970.

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 was reduced from SP4 to PFC by court-martial action on          7 March 1970.  However, his DA Form 20 indicates that he was further reduced to Private, E-1 by his company on 11 March 1970 on Unit Order Number 25.  Unit Order Number 25 is not available.  In the absence of that order or other evidence to the contrary, the Board presumes the applicant was reduced from PFC to Private, E-1 for a reason unrelated to his sentence by court-martial.

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

__jlp___  __aao___  __phm___  DENY APPLICATION

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

INDEX

CASE ID	AR2003086213	
SUFFIX		
RECON		
DATE BOARDED	20030923	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.