IN THE CASE OF:
BOARD DATE: 13 November 2008
DOCKET NUMBER: AR20080015839
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of an earlier request for a promotion to the rank of specialist four.
2. The applicant states, in effect, that after he was released from the hospital for wounds he received in action on 15 July 1967 in Vietnam he returned to his unit to find a complete turnover in personnel. He claims that the majority of the men in his unit were killed, wounded, or transferred to a new unit and that the officers and noncommissioned officers who would recommend promotions were no longer there. He also points out that four disciplinary actions (on 30 September 1966, 9 December 1967, 8 August 1968, and on 21 August 1969) noted in his original case are unfounded. He further states that the subject of a promotion should not have any bearing on his disciplinary actions.
3. The applicant provides a letter, dated 6 September 2008.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080008018, on 21 August 2008.
2. The applicant's new contentions will be considered by the Board.
3. The applicant enlisted in the Regular Army on 28 February 1966. He was promoted to private first class on 13 September 1966.
4. A DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ), dated 30 September 1966, shows that nonjudicial punishment was imposed against the applicant for disobeying a lawful order. His punishment consisted of a forfeiture of pay and extra duty.
5. The applicant arrived in Vietnam on 13 April 1967 and he served as a light weapons infantryman.
6. A DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ), dated
9 December 1967, shows that nonjudicial punishment was imposed against the applicant for being off-limits in Vietnam and sleeping on his sentinel post. His punishment consisted of a forfeiture of pay.
7. The applicant departed Vietnam on 12 April 1968 and was transferred to the United States.
8. A DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ), dated
9 August 1968, shows that nonjudicial punishment was imposed against the applicant for disobeying a lawful order. His punishment consisted of a reduction to E-2, a forfeiture of pay, extra duty, and restriction.
9. A DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ), dated 14 November 1968, shows that nonjudicial punishment was imposed against the applicant for being disrespectful to a superior commissioned officer. His punishment consisted of extra duty and restriction.
10. A DA Form 20B (Insert Sheet to DA Form 20 (Enlisted Qualification Record)/Record of Court-Martial Conviction) shows that on 10 October 1968 the applicant was convicted by a special court-martial of using disrespectful language toward a superior noncommissioned officer. He was sentenced to be reduced to E-1, to forfeit $70 pay per month for 6 months, and to be confined at hard labor for 6 months (suspended). On 10 October 1968, the convening authority approved the sentence. It is noted that the original case erroneously shows this court-martial was adjudged on 21 August 1969.
11. Item 33 (Appointments and Reductions) on the applicant's DA Form 20 shows that he was promoted to E-2 effective 1 February 1969.
12. On 28 February 1969, the applicant was honorably released from active duty. His DD Form 214 (Report of Transfer or Discharge) shows his rank was private/E-2.
13. There is no evidence of record which shows the applicant was promoted to specialist four prior to his separation on 28 February 1969.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record which shows the applicant was promoted to specialist four prior to his separation on 28 February 1969.
2. In the absence of evidence to the contrary, it is presumed that the nonjudicial punishments imposed against the applicant were legally and properly imposed. It appears he contends he should have been promoted to specialist four while in Vietnam. He received one of those Article 15s while in Vietnam. In the absence of evidence to the contrary, it is presumed that the applicant's record of service while in Vietnam did not warrant his recommendation for promotion to specialist four.
3. Therefore, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ _____X___ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case
are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20080008018, dated 21 August 2008.
_______ XXX_ _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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