APPLICANT REQUESTS: Correction of his separation document (DD Form 214) dated 6 June 1968 to reflect that he was discharged in the pay grade of E-4.
APPLICANT STATES: That he was court-martialed 16 days prior to his ETS and reduced to the pay grade of E-1. However, just before he was discharged, the commanding general threw out the court-martial based on a technicality and his rank was restored to him. He goes on to state that his separation documents reflect that he separated in the pay grade of E-1 and he has been unable to obtain a copy of the orders that restored his grade to him.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted on 29 February 1960 for a period of 3 years and served until he was honorably discharged on 19 February 1963.
He again enlisted on 7 June 1965 for a period of 3 years and was advanced to the pay grade of E-4 on 31 May 1966.
On 18 April 1967, while stationed in Okinawa, nonjudicial punishment (NJP) was imposed against the applicant for disobeying a lawful order from a noncommissioned officer (NCO). His punishment consisted of a reduction to the pay grade of E-3 (suspended for 30 days), a forfeiture of pay, and extra duty and restriction. Although not fully explained in the available records, the suspended punishment pertaining to his reduction to the pay grade of E-3 was vacated on 27 April 1967.
On 20 July 1967 NJP was again imposed against the applicant for being absent from his unit at Fort Riley, Kansas, without a pass in his possession. His punishment consisted of a forfeiture of pay and extra duty.
The applicant was again advanced to the pay grade of E-4 on 19 October 1967.
On 21 May 1968 he was convicted by a special court-martial of failure to go to reveille, disobeying a lawful order from an NCO, and using disrespectful language towards an NCO. He was sentenced to be confined without hard labor for 3 months, reduction to the pay grade of E-1, and a forfeiture of pay.
On 28 May 1968 the convening authority approved only so much of the sentence as pertained to the reduction to the pay grade of E-1 and the forfeiture of pay.
On 6 June 1968, the applicant was honorably discharged in the pay grade of E-1 upon the expiration of his term of service.
There is no indication that the applicants court-martial sentence was ever set aside or that his rank was restored to him prior to his discharge.
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 applicant in this case, as in any other case, must show to the satisfaction of the Board, or it must otherwise appear that the record is in error or that he was mistreated by the Army. In this case, the applicant has failed to meet this requirement.
2. The contentions of the applicant have been noted by the Board. However, they are not supported by either evidence submitted with the application or the evidence of record.
3. In view of the foregoing, there appears to be no basis for granting the applicants 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
Karl F. Schneider
Acting Director
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