MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 April 2003
	DOCKET NUMBER:   AR2002079330

	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:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Ms. Terry L. Placek		Member	
	Mr. Robert Duecaster		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 to the pay grade of E-5, that the record of nonjudicial punishment (NJP) be removed from his records, and that he receive all back pay and allowances in the pay grade of E-5, with appropriate interest.

APPLICANT STATES:  In effect, that at the time NJP was imposed against him, he was suffering from post-traumatic stress disorder from his service in Vietnam and his first sergeant did not like him.  He goes on to state that he was unjustly reduced in grade for a minor offense because of his first sergeant's dislike for him.  He also states that the Army did not honor their commitment to him in regards to the training he was promised and believes that despite the fact that he should have been medically discharged, he honored his commitment to the Army. 

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

He enlisted on 26 August 1968, for a period of 3 years and training in the field artillery career group.  He completed his basic combat training at Fort Bliss, Texas and was transferred to Fort Sill, Oklahoma, where he completed his advanced individual training as a cannoneer. 

He was transferred to Vietnam on 14 January 1969, was advanced to the pay grade of E-3 on 15 January 1969 and was advanced to the pay grade of E-4 on  9 December 1969.  He served as a cannoneer and as a prime mover driver during his tour in Vietnam.  He completed his tour in Vietnam on 13 January 1970 and was transferred to Fort Benning, Georgia.

He attended and completed a 6-week course at the Noncommissioned Officer (NCO) Academy on 22 May 1970.

On 13 October 1970, NJP was imposed against him for uttering a bad check at the Post Exchange.  His punishment consisted of a reduction to the pay grade of E-3 (suspended for 6 months).  Although the facts and circumstances are not present in the available records, his records show that the commander vacated the suspended punishment on 23 October 1970 and the applicant was reduced to the pay grade of E-3.  The applicant elected not to appeal his punishment and declined to submit matters in his own behalf. 

The applicant was transferred to Germany on 10 February 1971 and was advanced to the pay grade of E-4 on 7 May 1971.

He departed Germany on 23 July 1971 for Fort Benjamin Harrison, Indiana, where he was honorably released from active duty (REFRAD) as an early overseas returnee on 2 August 1971.  He had served 2 years, 11 months and 7 days of total active service and was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement), where he remained until he was honorably discharged on 1 August 1974.

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 NJP in question was imposed in accordance with applicable regulations with no indication of any violations of the applicant's rights.  He did not appeal the punishment or offer matters of extenuation in his own behalf.  He initially received a suspended punishment; however, he apparently got in trouble again and the imposing commander vacated the suspended punishment.

3.  The Board has noted the applicant's contentions and finds that they are not supported by either the evidence submitted with his application or the evidence of record.  His records also indicate that all contractual agreements made to him were honored.

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

__tlp____  __rld____  ___rvo __  DENY APPLICATION

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

INDEX

CASE ID	AR2002079330	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/04/24	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  277	126.0000/NJP	
2.		
3.		
4.		
5.		
6.