MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 29 May 2003
         DOCKET NUMBER: AR2002080425

         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
Mrs. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Mr. Lester Echols		Member
Mr. Frank C. Jones		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)

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APPLICANT REQUESTS: In effect, that his records be corrected to show he did not have lost time and that he did not possess marijuana.

APPLICANT STATES: That his DA Form 2-1 (Personnel Qualification Record) shows he had 69 days of lost time and that he was convicted by civil authorities for possession of marijuana. He was not in possession of marijuana and he was not convicted and fined. He was held without just cause. He did not go to any civilian court nor did he see any civilian judge. This was all proved at his court-martial, that is why he received an honorable discharge. He was taken from Tocumen International Airport in Panama for being an American. His family paid a ransom for his release. He was court-martialed shortly after his release. He won his court-martial. He was promoted to Specialist Four, E-4 and transferred to Fort Meade, MD where he received his honorable discharge. He was told after his court-martial that he was to return to active duty and that he would be known as a political prisoner. He was sworn to never breathe a word of these matters. He provides his DD Form 214 (Report of Separation from Active Duty) and 2 pages of his DA Form 2-1 as supporting evidence.

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

He enlisted in the Regular Army on 10 June 1974. After completing advanced individual training he was awarded military occupational specialty (MOS) 95C (Correctional Specialist). He was assigned to Fort Clayton, Canal Zone on or about 23 October 1974. He was promoted to Private First Class, E-3 on 11 December 1974.

Item 27 (Remarks) of the applicant’s DA Form 2-1 shows he was confined by civil authorities on 9 July 1975 at Tocumen International Airport for possession of marijuana and that he was convicted and fined and released on 16 September 1975.

Item 21 (Time Lost) of the applicant’s DA Form 2-1 contains the entry “750709/ 750915/ 69/AWOL/IMPRMT see item 27.”

A Military Police Report dated on or about 13 July 1975 indicated the applicant was arrested at Tocumen International Airport, Panama City, Panama, upon returning from Miami, FL, for possession of 9 packages of cigarette rolling paper and 2 grams of a greenish vegetable substance believed to be marijuana in a plastic bag inside the applicant's suitcase. The applicant had informed the Military Police Liaison that he had no knowledge that the marijuana and papers were in the suitcase because the suitcase belonged to his brother. Later Military Police Reports indicated that on 16 July 1975 the applicant was found guilty of the above offense and sentenced to a $500.00 fine. He was transported to jail pending payment of the fine. He was released to the Military Police Liaison on 16 September 1975 and then released to his unit.
There is no record of disciplinary actions, either nonjudicial or judicial, on file in the applicant's Official Military Personnel File. He was promoted to Specialist Four, E-4 on 17 May 1976. He was reassigned to Fort Meade, MD on or about 5 August 1976.

The applicant reviewed his DA Form 2-1 on 10 May 1977.

The applicant was honorably released from active duty on 17 August 1977 after completing 3 years of creditable active service. His DD Form 214 shows he had 69 days of lost time. He signed his DD Form 214.

A copy of the Military Police Report was provided to the applicant for comment or rebuttal. The applicant responded by stating that he was not taken to any court on 16 July 1975 nor was he in the company of any military police. He stated that he smuggled a letter out of the jail because no one from his unit would get in contact with him. He sent a letter to his grandmother to ask his Congressman to start a Congressional investigation. A Department of the Army Inspector General went to Panama to secure his release and he was released on 15 September 1975 after a $5,500 ransom was paid to an officer of the jail. When he returned to his unit, his commander handed him an Article 15 for being absent without leave (AWOL) and a discharge packet. He was court-martialed for something he did not do. At his court-martial, he was found not guilty of being AWOL or of possessing marijuana. He was returned to active duty and would be known as a political prisoner.

The applicant further stated that the Military Police Report listed his son, S___ III, who is only now 12 years old. He (the applicant) is S___ II. He did not request deletion of lost time on his DD Form 214 because he was beaten repeatedly during those 69 days and did not want it forgotten. What he is asking is that the charges of being in possession of marijuana and AWOL be taken off his Department of Veterans Affairs (VA) records.

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. 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 this requirement.

2. The evidence of record shows that the applicant was arrested in Panama for possession of marijuana and spent time in civil confinement. There is no record that he was court-martialed for this offense. However, if he was, and was found not guilty, there would no longer be a record (after almost 30 years) of the court-martial in any files. That does not change the fact that the available evidence of record shows the applicant spent time in civil confinement for an offense for which the civil authorities found him guilty.

3. The applicant provides no evidence, such as a Congressional investigation or Department of the Army Inspector General report, to substantiate his version of his arrest and confinement. He provides no evidence to show he attempted to substantiate his version of his arrest and confinement while he was still on active duty. In the absence of evidence to the contrary, the Board presumes his records accurately reflect what happened to the applicant regarding his arrest, confinement, and conviction in 1975.

4. The Board has no jurisdiction over information placed in VA records. Since the Board concludes that there is insufficient evidence to justify correcting the applicant's military records, there is nothing on which to base a request that the VA change their records.

5. 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

__lls___ __le____ __fcj ___ DENY APPLICATION

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

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INDEX

CASE ID	AR2002080425
SUFFIX
RECON
DATE BOARDED	20030529
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	Mr. Chun
ISSUES 1.	123.06
2.
3.
4.
5.
6.