APPLICANT REQUESTS: That his DD Form 214 (Report of Separation From Active Duty) be changed to show the correct Social Security Number ( ), the correct date of rank, the correct date he entered active and the correct date of discharge.
APPLICANT STATES: In effect, that the above items need to be corrected.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was born on 19 September 1955. He completed
11 years of formal education. On 25 April 1974, he enlisted into the Regular Army for 2 years. The applicants enlistment contract and other legal documents show his /Service Number as
and his military occupational specialty as 11C10 (Infantryman Indirect Fire Crewman). The highest grade he achieved was pay grade E-2.
On 13 January 1975, the applicant was convicted by a general court-martial for three specifications of communicating a threat, for disobeying a lawful order, for carrying a concealed weapon and for aggravated assault. He was sentenced to a reduction to pay grade E-1, a forfeiture of all pay and allowances, confinement at hard labor for
36 months and to be discharged with a BCD.
On 23 January 1975, the general court-martial convening authority approved the sentence, however so much of the confinement at hard labor that exceeded 30 months and so much of the forfeiture that exceeded $269 pay per month for
36 months, was suspended until 12 May 1976, with provisions for automatic remission. The record of trial was forwarded to The Judge Advocate General of the Army for review by a Court of Military Review. On the same day the applicant was reduced to the lowest enlisted grade.
On 27 February 1975, the United States Court of Military Review affirmed the findings of guilty and the sentence as modified pertaining to the forfeiture and confinement.
On 18 June 1975, the applicant was discharged from service under the provisions of Army Regulation 635-200, chapter 11, as a result of a court-martial, with a BCD. He had completed 7 months and 5 days of active military service with 199 days of lost time. He was authorized the National Defense Service Medal.
On 4 June 1976, the applicant was released from confinement and placed on parole. The term of his parole was effective until 12 July 1977.
Title 10, United States Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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 the aforementioned requirement.
2. The evidence of record shows that the applicants listed on his DD Form 214 is in fact correct. The applicants legal papers in his Official Military Personnel File only show one , the very same as listed on his DD Form 214.
3. The applicants date of entry in the military service is correct as listed on his DD Form 214. His enlistment contract as well as other legal documents show that he enlisted on 25 April 1974.
4. The applicants date of discharge listed on his DD Form 214 is correct. The date the applicant is referring to is the date of his release from confinement.
5. Therefore, in view of the foregoing, there is no basis for granting the applicants requests.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: The Commander, ARPERCEN is requested to review the applicants DD Form 214 and make the necessary correction by changing the applicants date of rank to show 23 January 1975, instead of 23 January 1973.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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