MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           20 May 2003                   
	DOCKET NUMBER:   AR2002081963

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Mr. Melvin H. Meyer		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 reduction from pay grade E-4 to pay grade E-2 be voided.

APPLICANT STATES:  After knee surgery and rehabilitative therapy in Long Beach, California, he flew to Connecticut to visit his family.  On the last day of his leave, he was involved in a car accident in Ledyard, Connecticut, and taken to a local Naval hospital.  He was treated for concussion and bruises and returned to his unit the following day.  He contends that he was considered a deserter because of his top secret crypto security clearance, which he believes to be wrong.

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

He enlisted in the Regular Army on 9 September 1971.  He was awarded the military occupational specialty of Morse code interceptor, and was promoted to pay grade E-4.

While stationed at Fort McArthur, California, the applicant was given a pass to go home for 26 and 27 March 1973.  On 26 March 1973, the applicant was admitted to a Navy medical facility for treatment for a torn medial collateral ligament and detached medial meniscus.  It was stated that the applicant injured himself playing baseball while sliding to a base.  A line of duty investigation was conducted on that injury, and it was determined that it was incurred in line of duty.

On 1 August 1973, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for being absent without leave (AWOL) from 3 to 24 July 1973.  The punishment imposed consisted of a reduction from pay grade E-4 to E-3 (suspended for 90 days), and a forfeiture of $50.00 a month for two months.

On 20 August 1973, orders were published vacating the suspension of the applicant’s reduction in grade and the applicant was reduced.  The reason the punishment was vacated is not contained in the applicant’s records.

On 24 October 1973, orders were issued reducing the applicant from pay grade E-3 to pay grade E-2.  While these orders indicate that the reduction was a result of NJP, the NJP is not contained in the applicant’s records.

On 27 November 1973, the applicant was honorably discharged due to physical unfitness due to the injuries he incurred on 26 March 1973.  His separation document shows that he was discharged in pay grade E-2.  His separation document also shows that he was charged with lost time for the periods 11 and 12 November 1972; 4 through 23 July 1973; 14 August 1973; and 21 through 25 September 1973.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  It is unclear exactly what transpired in the applicant’s case.  Due to the time that passed between the date of injury (26 March 1973) and the beginning date of AWOL (3 July 1973), it is evident that the AWOL did not occur immediately following the injury.  Possibly, the lapse of time can be explained if the AWOL in question occurred after the applicant’s reconstructive surgery and convalescent leave.  

2.  However, the applicant indicates that he was in an automobile accident on the last day of his leave, and returned to his unit the following day.  This story is not in keeping with his acceptance of NJP for 22 days.

3.  The applicant’s commander afforded him leniency by suspending his reduction in grade, a suspension which was later vacated.  While the record does not contain documentation showing why the reduction in grade was vacated, it was probably due to his being AWOL on 14 August 1973.

4.  But the applicant’s reduction for being AWOL in July 1973 was only one grade, from pay grade E-4 to pay grade E-3.  He was reduced a second time in October 1973, probably due to his five days of AWOL in September 1973.

5.  The applicant has a history of four periods of AWOL.  He accepted NJP for these absences instead of demanding a trial by court-martial to prove his innocence.  As such, the Board is presented a preponderance of evidence that the applicant was properly charged with AWOL and properly reduced in grade.

6.  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

___dsj___  ____jam_  ____mhm  DENY APPLICATION

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

INDEX

CASE ID	AR2002081963	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030520	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.