MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          28 October 2003                    
		DOCKET NUMBER:  AR2003086831

	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	
	Ms. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Marla J. N. Troup		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 rank be restored from private (PVT/E-2) to specialist (SPC/E-4).  

APPLICANT STATES:  That he was not given a fair trial after he requested a court-martial rather than accepting nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ).  In support of his application, he provided a rambling, threatening statement and declared that the Board should just take his word in the matter.

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

He enlisted in the Regular Army on 1 May 1959 for a period of 3 years.  He completed language training and was assigned to Germany as a voice intercept operator.  On 25 October 1961, the applicant was promoted to SPC.

On 11 January 1962, the applicant was convicted by a summary court-martial of failure to obey the lawful order of a senior noncommissioned officer (NCO) and of knowingly making a false official statement with intent to deceive.  The approved sentence included reduction to private first class (PFC/E-3).  On 29 January 1962, he was further reduced to PVT after accepting NJP for misconduct.

On 6 April 1962, the applicant was again convicted by a summary court-martial of failure to report to his appointed place of duty at the time prescribed.  He was sentenced to 30 days’ hard labor and forfeiture of $70.00 pay per month for 1 month.

On 20 April 1962, Special Orders Number 110 directed the applicant’s separation and transfer to the United States Army Reserve (USAR).  He was separated under the provisions of paragraph 7, Army Regulation 635-205 with a general, under honorable conditions discharge (GD) by reason of early release of overseas returnee.

Accordingly, on 24 April 1962, the applicant was separated with a general, under honorable conditions discharge in the rank of PVT/E-2.  He was credited with 2 years, 11 months, and 24 days of creditable service. 

Army Regulation 635-205, then in effect, provided for the separation of soldiers for the convenience of the Government.  Paragraph 7 provided for the early separation of overseas returnees with less than 60 days remaining service.

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 record shows he was reduced by a summary court-martial from SPC/E-4 to PFC/E-3, and by NJP from PFC/E-3 to PVT/E-2.  The Board determined that the summary court-martial and NJP were imposed in compliance with applicable laws, regulations and policies, then in effect.  The punishments imposed were not disproportionate to the offenses and there is no evidence of violation of any of the applicant's rights.

3.  The Board concludes that the applicant’s rank is appropriately shown on his DD Form 214 as private (PVT/E-2) and that there is no basis for changing it to specialist (SPC/E-4).

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___  __lds___  __mjnt__  DENY APPLICATION

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

INDEX

CASE ID	AR2003086831	
SUFFIX		
RECON		
DATE BOARDED	20031028	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	133.0000	
2.		
3.		
4.		
5.		
6.