MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           1 September 1999 
	DOCKET NUMBER:   AR1999015245

	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	
	Mr. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Kenneth L. Wright		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.

APPLICANT STATES:  That he was not AWOL as described on DD Form 214 (Report of Transfer or Discharge), item 26b.  He wants to get the record straight before joining the American Veterans Honor Guard for burial detail.

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

He enlisted on 25 September 1969 and, after training, was assigned to Fort Bragg, North Carolina.  He was promoted to specialist 4 (E-4) on 20 August 1970 and served without discreditable incident of record until December 1970.

On 9 December 1970, the applicant was administered nonjudicial punishment (NJP) under Article 15, UCMJ, for failure to report to his appointed place of duty.

On 12 July 1971, he was administered NJP for leaving his guard post without proper authority.  The punishment he received included reduction in rank to private first class (E-3).  He did not appeal.

On 12 August 1971, he was administered NJP for being absent from his place of duty.

Although there are no substantiating Article 15 action or orders in the applicants military record, his DA Form 20 (Enlisted Qualification Record) shows he was reduced to private (E-2) on 11 January 1972 per Unit Orders 2, Company C, 
1st Battalion, 29th Infantry.

The applicant was separated on 27 March 1972 with a character of service as honorable.  His DD Form 214 shows his rank and pay grade as private E-2.  There is no description of AWOL as the applicant alleges.  Item 26b of the form is used to show the number of days accrued leave paid at the time of separation, which states (with a referral to the remarks section) that he took 7 days excess leave from 31 December 1971 to 6 January 1972.

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.  The nonjudicial punishments of record were imposed in compliance with applicable laws, regulations and policies.  The punishments imposed were neither unjust nor disproportionate to the offenses, and there is no evidence of any substantive violation of any of the applicant’s rights.

2.  In the absence of any supporting record of disciplinary action, the Board presumes administrative regularity in the applicant’s reduction in grade to private E-2 on 11 January 1972.  There is nothing in the available records or in anything submitted by the applicant to overcome that presumption.

3.  The applicant’s concern of an AWOL entry on his DD Form 214 is unfounded, as there is no such entry.  His military personnel records likewise contain no record of time lost.

4.  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.

5.  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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015245	
SUFFIX		
RECON		
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	123.07	
3.	133.03	
4.		
5.		
6.