| Mr. Carl W. S. Chun | Director | |
| Ms. Carolyn Wade | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Ms. Linda D. Simmons | Member | |
| Ms. Marla J. N. Troup | Member |
APPLICANT REQUESTS: That his rank be restored from private (PVT/E-2) to specialist (SPC/E-4).
APPLICANT STATES: That he was not given a fair trial after he requested a court-martial rather than accepting nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ). In support of his application, he provided a rambling, threatening statement and declared that the Board should just take his word in the matter.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 1 May 1959 for a period of 3 years. He completed language training and was assigned to Germany as a voice intercept operator. On 25 October 1961, the applicant was promoted to SPC.
On 11 January 1962, the applicant was convicted by a summary court-martial of failure to obey the lawful order of a senior noncommissioned officer (NCO) and of knowingly making a false official statement with intent to deceive. The approved sentence included reduction to private first class (PFC/E-3). On 29 January 1962, he was further reduced to PVT after accepting NJP for misconduct.
On 6 April 1962, the applicant was again convicted by a summary court-martial of failure to report to his appointed place of duty at the time prescribed. He was sentenced to 30 days’ hard labor and forfeiture of $70.00 pay per month for 1 month.
On 20 April 1962, Special Orders Number 110 directed the applicant’s separation and transfer to the United States Army Reserve (USAR). He was separated under the provisions of paragraph 7, Army Regulation 635-205 with a general, under honorable conditions discharge (GD) by reason of early release of overseas returnee.
Accordingly, on 24 April 1962, the applicant was separated with a general, under honorable conditions discharge in the rank of PVT/E-2. He was credited with 2 years, 11 months, and 24 days of creditable service.
Army Regulation 635-205, then in effect, provided for the separation of soldiers for the convenience of the Government. Paragraph 7 provided for the early separation of overseas returnees with less than 60 days remaining service.
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’s record shows he was reduced by a summary court-martial from SPC/E-4 to PFC/E-3, and by NJP from PFC/E-3 to PVT/E-2. The Board determined that the summary court-martial and NJP were imposed in compliance with applicable laws, regulations and policies, then in effect. The punishments imposed were not disproportionate to the offenses and there is no evidence of violation of any of the applicant's rights.
3. The Board concludes that the applicant’s rank is appropriately shown on his DD Form 214 as private (PVT/E-2) and that there is no basis for changing it to specialist (SPC/E-4).
4. 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
__rjw___ __lds___ __mjnt__ DENY APPLICATION
| CASE ID | AR2003086831 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031028 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 133.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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