MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            20 January 1999                            
	DOCKET NUMBER:    AC98-10058
                                            AR1999015953

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. June Haijar 		Chairperson	
	Mr. Robert W. Garrett		Member	
	Mr. Debra S. Jacobs		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 

APPLICANT REQUESTS:  In effect, that his undesirable discharge (UD) be upgraded to a fully honorable discharge.

APPLICANT STATES:  In effect, that his UD should be upgraded based on the correspondence submitted with his application.  Further, the applicant alleges that he is suffering from Agent Orange.

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

He enlisted in the Regular Army on 18 October 1967, for 3 years and training in military occupational specialty 64B (heavy vehicle driver).  The highest grade he achieved was pay grade E-4.  

The applicant’s record shows that he served in the Republic of Vietnam from 
22 April 1968 - 11 November 1969.  His record contains no evidence that shows he was neither exposed to nor treated for any type of disease or contaminant while he was in the military.

Between October 1967 and December 1968, the applicant received excellent 
conduct and efficiency ratings even after he had been absent without leave (AWOL).  He received the following awards while serving in the RVN, the Bronze Star Medal with “V” Device, the Purple Heart, the Vietnam Service Medal with three bronze service stars, the Meritorious Unit Citation, the RVN Campaign Medal, the RVN Gallantry Cross with Palm, and the RVN Civil Actions Honor Medal.

The applicant’s record shows that he accepted nonjudicial punishment under the provisions of the Uniform Code of Military Justice for being AWOL from 
5 January - 3 February 1968.  His punishment included forfeiture of pay; restriction and extra duty.

Additionally, the applicant’s record shows that he was charged with being AWOL from 19 February – 1 August 1969.  However, on 26 August 1969, he was found guilty by a special court-martial of being AWOL from only 1 March - 1 August 1969.  He was sentenced to reduction from pay grade E-4 to pay grade E-2; forfeiture of pay; and restriction.

He was apprehended by civil authorities for an unknown offense on 1 August 1969 and remained in civil confinement until 11 August 1969.  On 12 August 1969, he was returned to military control and placed in confinement where he remained until 1 September 1969. 

On 4 September 1969, he departed AWOL and remained AWOL until he was returned to military control on 16 November 1969.   On 13 January 1970, he departed AWOL and returned the same day; on 14 January 1970, he departed AWOL and remained AWOL until 18 January 1970.  The record contains no recorded punishment for these two periods of AWOL.  The applicant departed AWOL on 26 January 1970.  On 5 February 1970, he was returned to military control and again placed in confinement. 

 On 25 February 1970, while in military confinement, he was found guilty by a special court-martial for being AWOL from 4 September – 13 November 1969 and from 26 January – 5 February 1970.  He was sentenced to reduction from pay grade E-2 to pay grade E-1; forfeiture of pay; and confinement at hard labor for 4 months.

On 4 April 1970, he departed AWOL.  On 28 May 1970, civil authorities apprehended him, and he remained in civil confinement until 2 June 1970. 
On 3 June 1970, he was returned to military control and placed in confinement.  He remained in military confinement until 5 September 1970.  

On 4 November 1970, the applicant departed AWOL and remained AWOL until
5 December 1970, which was past the expiration term of  his service (ETS) date.

The discharge approval documents are not a matter of record, however, the 
applicant’s DD Form 214 (Armed Forces of the United States Report of  Transfer or Discharge) shows that on 18 October 1971, he was separated under the provisions of Army Regulation 635-212 with a UD for unfitness, frequent involvement in incidents of a discreditable nature with military or civilian authorities.  He had completed 1 year, 9 months, and 8 days of active military service and he had a total of 524 days lost time due to being AWOL and in civil and military confinement.

Evidence of record indicates the applicant applied to the Army Discharge 
Review Board in 1997 well past that Boards statute of limitation.

Army Regulation 635-212, in effect at the time, set forth the basic authority
for the separation of enlisted personnel.  The regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness.  A UD was normally considered appropriate for such discharges.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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 the aforementioned requirement.

2.  The Board took into consideration both the correspondence written on behalf of the applicant and his record of service in the RVN.  However, these factors provided no sufficient basis for upgrading the character of his service.   The applicant’s record clearly shows that he continuously departed from Army standards and he habitually left his place of duty for extended periods of AWOL.

3.  His record contains no evidence and he has submitted none that shows he was treated for any type of disease or exposed to any type of contaminant while he was in the military.

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

__JH____  _RWG___  ___DSJ_  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-10058/AR1999015953	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990120	
TYPE OF DISCHARGE	( UD)	
DATE OF DISCHARGE	19711018	
DISCHARGE AUTHORITY	AR635-212  	
DISCHARGE REASON	For unfitness, frequent involvement in incidents of a discreditable nature with military or civilian authorities	
BOARD DECISION	(NC)	
REVIEW AUTHORITY		
ISSUES         1.	Suffering from Agent Orange	
2.		
3.		
4.		
5.		
6.