MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            25 March 1999
	DOCKET NUMBER:   AC98-12605
				   AR1998013089

	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. Loren G. Harrell		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Lester Echols		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)

APPLICANT REQUESTS:  That his undesirable discharge be upgraded to an honorable discharge.

APPLICANT STATES:  That when he was in the Army he was often mistaken for another soldier who was in trouble with the law.  He further states, in effect, that the wrong social security account number (SSAN) is currently reflected on his medical records and that is proof that he was mistaken for the other soldier.  In support of his appeal the applicant submits five letters from his friends attesting to his character.

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

On 14 June 1972, he enlisted in the Army for 2 years in the pay grade of E-1 and he successfully completed his basic combat training.

At the time that he enlisted in the Army, the applicant used an incorrect SSAN that was later corrected by the issuance of a social security card.  The social security card was included in this official military personnel file and his available records were subsequently corrected to reflect his correct SSAN.

On 16 August 1972, the applicant went AWOL and he remained absent until was apprehended by civil authorities and returned to military control on 12 January 1974. 

On 2 May 1974, the applicant was notified that charges were pending against him for being AWOL.  He acknowledged receipt of the notification and, after consulting with counsel, he submitted a request for discharge for the good of the service in lieu of trial by court-martial.  Along with this request for discharge, he submitted a statement in his own behalf indicating that he entered the Army at age 18 because his father got married and he had no other place to go.  He stated that he never wanted to be in the Army and he was sorry that he joined.  He further stated that he had just gotten out of jail and he was returned to military control after his release.  He concluded by stating that he never had a real home before and that he only wanted to go home and be with his wife and child.

On 17 May 1974, the request for discharge was approved by the appropriate authority.  Accordingly, on 31 May 1974, the was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  He had only 3 months and 2 days of total active service and he had 623 days of lost time due to AWOL.  He was issued an Undesirable Discharge Certificate.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge under other than honorable conditions is normally considered appropriate.  However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.

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.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  There is no evidence of record to support the applicant’s contention that he was mistaken with another soldier while he was in the Army.  The record clearly shows that the applicant enlisted under an incorrect SSAN and his SSAN was subsequently corrected with the issuance of a social security card.  

4.  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.

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

__mkp___  __eja ___  ___le ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12605/AR1998013089	
SUFFIX		
RECON		
DATE BOARDED	1999/03/25	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1974/05/31	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	Chapter 10	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  708	A71.00	
2.		
3.		
4.		
5.		
6.