| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L. Amos | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Mr. Patrick H. McGann | Member |
APPLICANT REQUESTS: That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 14 March 1970 be amended to show his rank as Private First Class (PFC), E-3.
APPLICANT STATES: That he was reduced from Specialist Four (SP4), E-4 to PFC by his court-martial; however, when he left post the installation people reduced him from E-4 to E-1. He was told he could either accept the mistake or stay on post for another 30 days. He chose to separate. He provides his DD Form 214 for the period ending 14 March 1970 as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 17 November 1967. He was honorably discharged on 23 September 1968 for the purpose of immediately reenlisting on 24 September 1968. He was promoted to SP4 on 5 July 1969.
On 2 March 1970, the applicant was convicted by a special court-martial of being absent without leave (AWOL) from on or about 18 November 1969 to on or about 17 January 1970 and from on or about 8 February to on or about 17 February 1970. The applicant's adjudged sentence was to be reduced to PFC. The convening authority approved the sentence on Headquarters, 3d Armored Cavalry Regiment, Fort Lewis, WA Special Court-Martial Order Number 43 dated 7 March 1970.
On 5 March 1970, action was initiated to separate the applicant under the provisions of Army Regulation 635-212 for unsuitability. The appropriate authority approved the separation action on 9 March 1970 and directed the applicant be given a General Discharge Certificate.
The applicant's DA Form 20 (Enlisted Qualification Record), item 33 (Appointments and Reductions) shows he was reduced from PFC to Private, E-1 on Company H, 2d Squadron, 3d Armored Cavalry, Fort Lewis, WA Unit Orders Number 25, dated 1970, with a date of rank of 11 March 1970. These unit orders are not available.
The applicant was discharged on 14 March 1970 with a general discharge. His DD Form 214 for the period ending 14 March 1970 shows his rank as Private, E-1 with a date of rank of 11 March 1970.
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 applicant was reduced from SP4 to PFC by court-martial action on 7 March 1970. However, his DA Form 20 indicates that he was further reduced to Private, E-1 by his company on 11 March 1970 on Unit Order Number 25. Unit Order Number 25 is not available. In the absence of that order or other evidence to the contrary, the Board presumes the applicant was reduced from PFC to Private, E-1 for a reason unrelated to his sentence by court-martial.
3. 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
__jlp___ __aao___ __phm___ DENY APPLICATION
| CASE ID | AR2003086213 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030923 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 100.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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