MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 February 1999                   
	DOCKET NUMBER:   AC98-11350
				   AR1998013786

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Patrick Bogenberger		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Gary F. Geraets		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 general discharge be upgraded to fully 
honorable. 

APPLICANT STATES:  That he attempted to upgrade his discharge in 1966, without success, and it may affect his ability to claim his years of military service  towards retirement from the state of California.  He states that he was a quality soldier and informed the Michigan Selective Service System of his new address (Route 6 Mayfield, Kentucky).  He states that he moved to this address in his home state after his release from active duty to live with his aunt and uncle and begin college at Murray State University, and that this was the same address at which he received his discharge certificate.  

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

He was born in Mayfield, Kentucky and entered the Army on 30 April 1963 for a period of 3 years.  He acknowledged during enlistment that upon release from active duty he would be transferred to the Army Reserve to complete his 6-year military service obligation and would be required to participate in training with a reserve unit or as a member of a control group, as directed. He was awarded military occupational specialty 91B (Medical Specialist).  His highest rank attained was specialist five (E-5).

On 30 March 1966 the applicant was released from active duty prior to the expiration of his term of service as an overseas returnee and was transferred to the USAR Control Group (Reinforcement). His service was characterized as honorable.  He had completed 2 years, 11 months, and 1 day of total active service.

The applicant’s records show that following his transfer to the USAR, The Adjutant General (TAG), U.S. Army Administration Center, St. Louis, Missouri, attempted on many occasions to correspond with him to verify his address, to no avail.  In addition to sending mail to Box 36,Kress Road, Lakeland, Michigan, the address he gave as his mailing address when he separated from active duty,  and Route 6, Mayfield, Kentucky, TAG also wrote to a friend of the applicant’s, trying to verify his address, to the Michigan Selective Service System, to 911 Oakland Avenue, Apartment 7, Ann Arbor, Michigan, to the Chiefs of Police, Mayfield, Kentucky, Ann Arbor, Michigan, and Lakeland, Michigan, and to the Postmasters, Lakeland, Michigan, Mayfield, Kentucky, and Ann Arbor, Michigan.  The last notification of record is postmarked 27 December 1967.  It was sent to the applicant at Route 6, Mayfield, Kentucky, by certified mail/ return receipt.  That notification was returned to TAG marked ”addressee unknown,” and is now filed in his military records.   

On 23 October 1967 a board was convened at the Department of the Army, Office of TAG, St. Louis, Missouri, to consider members of the USAR in non-locatee status for elimination or other administrative action under the provisions of Army Regulation 135-178.

On 8 March 1968 the applicant was determined to be a non-locatee.  The appropriate authority approved his separation and he was discharged from the USAR Control Group on 12 March 1968 with a general discharge, under honorable conditions.

Army Regulation 135-178 sets forth the basic authority for the separation of enlisted members of the Army National Guard of the United States and the United States Army Reserve.  Paragraph 28 contains the policy and outlines the procedures for separation of personnel for failure or refusal to comply with official orders or correspondence or to satisfactorily participate in required training.  Paragraph 28a (1) (b) states, in pertinent part, that separation action may be initiated when enforcement procedures cannot be applied because the enlisted member has failed to furnish an address through which he may be reached and efforts to locate him have been unsuccessful. Chapter 3 of the regulation provides that the type of discharge directed for an enlisted member of the Army Reserve will be based upon the enlisted member’s behavior and performance of duty while on active duty, active duty for training or inactive duty training, or while actively participating in or under an obligation to participate in Reserve activities, and the behavior relates directly to his Reserve status.  A general discharge will be issued when the enlisted member’s military record is not sufficiently meritorious to warrant an honorable 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 separation from the USAR with a general discharge was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.

2.  The applicant acknowledged during enlistment processing that upon release from active duty he would be transferred to the Army Reserve to complete his 
6-year military service obligation and would be required to participate in training with a unit or as a member of a control group, as directed. 

3.  It was the applicant’s responsibility to provide the USAR Control Group with an accurate and up-to-date address at all times.  This he did not do.

4.  The Board notes the applicant’s contention that his correct address was Route 6, Mayfield, Kentucky, the home of his aunt and uncle, and that he received his discharge papers at that address.  However, the record is replete with evidence of TAG’s  attempts to reach him at that address, without success.    

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

___X_____  ____X____  _____X___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11350	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990210	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.