IN THE CASE OF: BOARD DATE: 26 January 2010 DOCKET NUMBER: AR20090013154 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, in effect, that his reduction in rank be voided. 2. The applicant states that his reduction in rank from specialist five/pay grade E-5 to private first class/pay grade E-3 was too harsh. He contends that he was reduced in rank for writing a check to his wife in the amount of $66.00 so she could eat while he was out at sea. He had no contact with the outside world and had no way of knowing his account balance. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his application. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. On 5 August 1964, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 94B (Cook). 3. On 6 August 1965, the applicant reenlisted for a period of 6 years in the Regular Army. 4. On 13 September 1967, the applicant was promoted to specialist five/pay grade  E-5. 5. On 9 September 1971, the applicant was convicted by special court-martial of violation of Article 123a, Uniform Code of Military Justice (UCMJ), for six specifications of uttering checks with the intent to defraud and for the wrongful procurement of lawful currency. His sentence consisted of a reduction to pay grade E-3 and a forfeiture of $100.00 pay per month for 1 month. The dollar amount of his checks is not in the available records. 6. On 18 October 1971, the applicant was released from active duty due to the expiration of his term of active duty service. He was transferred to the U.S. Army Reserve Control Group (Reinforcement). He had completed 7 years, 2 months, and 14 days of creditable active duty service. His service was characterized as honorable. 7. Under the UCMJ, in effect at the time, the maximum punishment allowed for violation of Article 123a for uttering worthless checks in amounts between $50.00 and $100.00 with the intent to defraud was a punitive discharge and confinement for 1 year. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his reduction in rank was too harsh a punishment for writing worthless checks. 2. The evidence of record clearly shows that the applicant was convicted by a special court-martial for six specifications of uttering worthless checks for which he could have been confined for 1 year and punitively discharged. However, he was reduced in rank and permitted to remain on active duty. Subsequently, he was transferred to the U.S. Army Reserve with an honorable characterization of service. 3. In view of the above, it is clear that his punishment was not too harsh for his misconduct. Therefore, his 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) AR20090013154 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090013154 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1