BOARD DATE: 3 November 2015 DOCKET NUMBER: AR20150004436 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests removal of special court-martial (SPCM) orders from his Official Military Personnel File (OMPF). He also requests all back pay resulting from this action. 2. The applicant states that he doesn't understand how he could have been tried by a SPCM on 4 June 1964 when he wasn't assigned to his unit until 8 June 1964. He feels he was the victim of discrimination. 3. The applicant provides copies of his: * U. S. Court of Appeals for the Armed Forces letter, dated 5 January 2015 * letter to the U. S. Court of Appeals for the Armed Forces * military personnel records * SPCM Orders * DA Form 20 (Enlisted Qualification Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 23 June 1961. He held military occupational specialty 31G (Tactical Communications Chief). 2. His DA Form 20 shows he: a. served in Korea (2 tours), Vietnam, and Germany; and b. was assigned to Company C, 13th Signal Battalion, in Korea, effective 8 June 1964. 3. His records show he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) on– * 28 May 1964 for being absent from his organization on 11 May 1961 * 6 August 1964 for being derelict in the performance of his duties * 29 December 1964 for committing assault on a sergeant by striking him in the face and throwing him to the ground 4. Special Court-Martial Order Number 19, Headquarters, 13th Signal Battalion, 1st Calvary Division, dated 3 July 1964, shows the applicant was found guilty of failing to obey a lawful order issued by a SGT to assist in making repairs to a telephone pole. The order states: a. Before a special court-martial, which convened at APO 24, pursuant to Court-Martial Appointing Order Number 5, this headquarters, dated 4 June 1964, as amended by Court-Martial Appointing Order Number 6, this headquarters, dated 19 June 1964, was arraigned and tried; b. Pled not guilty; c. Found guilty; and d. Sentenced to restriction for 2 months, forfeiture of $35 for 6 months, and reduction to pay grade E-1. 5. He was honorably discharged on 9 April 1970 as a staff sergeant/E-6. He had completed 8 years, 9 months, and 17 days of total active service this period. 6. The 5 January 2015 U. S. Court of Appeals for the Armed Forces, notified the applicant that, based on a review of the SPCM Orders, he was not tried on 4 June 1964, but on 22 June 1964. The date of 4 June 1964 was the date the convening authority established the court-martial panel to hear cases to be brought before it. DISCUSSION AND CONCLUSIONS: 1. The applicant contends the SPCM orders showing he was court-martialed on 4 June 1964 should be removed from his records and he should receive all resulting back pay. He doesn't understand how he could have been tried by a SPCM on 4 June 1964 when he wasn't assigned to the unit until 8 June 1964. He feels he was the victim of discrimination. 2. The available evidence shows the applicant was assigned to Company C, 13th Signal Battalion in Korea effective 8 June 1964. 3. He was found guilty by a SPCM on 22 June 1964. 4. His SPCM orders indicate the Court-Martial Panel Appointing Order was dated 4 June 1964. 5. The above facts were all explained to the applicant in the January 2015 letter from the U.S. Court of Appeals for the Armed Forces. 6. He did not provide any evidence showing he was the victim of discrimination. 7. In view of the foregoing, there is no evidence or error or injustice. Therefore, the applicant's request should be denied. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X_____ __X______ __X__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20130002078 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004436 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1