MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            14 January 1999
	DOCKET NUMBER:   AC98-12666
				   AR1998012382

	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. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Shirley L. Powell		Member	
	Ms. Kathleen A. Newman		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 discharge under other than honorable conditions be upgraded.  

APPLICANT STATES:  That he went AWOL because he was needed at home to support his family.   

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

He was inducted on 3 March 1970 for a period of 2 years.  He successfully completed his basic and advanced individual training (AIT) and received excellent conduct and efficiency ratings. 

On 6 July 1970, while in AIT, nonjudicial punishment (NJP) was imposed against the applicant for failure to go to his appointed place of duty.  His punishment consisted of a forfeiture of pay.

On 20 August 1970 NJP was again imposed against the applicant for being AWOL from 30 July 1970 to 18 August 1970.  His punishment consisted of a forfeiture of pay and 14 days of extra duty and restriction.

On 3 May 1971 he was convicted by a special court-martial of being AWOL from 8 September 1970 to 19 March 1971.  He pled guilty and was sentenced to confinement at hard labor for 4 months and a forfeiture of pay.  The convening authority approved the sentence on 10 May 1971. 

On 22 September 1971 NJP was imposed against the applicant for being AWOL from 2 August 1971 to 11 August 1971.  His punishment consisted of a forfeiture of pay.

On 14 October 1971 the applicant’s commander initiated a recommendation to discharge him from the service under the provisions of Army Regulation 635-212 for unfitness due to frequent incidents of a discreditable nature with military authorities.  He recommended separation with an undesirable discharge and based his recommendation on the applicant’s disciplinary record and periods of AWOL and confinement.

The applicant underwent a psychiatric and medical evaluation and was cleared for administrative separation.  

After consulting with counsel, the applicant waived consideration of his case by a board of officers and representation by counsel.  He also elected not to submit a statement in his own behalf.

The appropriate authority approved the recommendation on 22 October 1971 and directed that he be furnished an Undesirable Discharge Certificate.

Accordingly, he was discharged under other than honorable conditions on
29 October 1971.  He had served 11 months and 10 days of total active service and had 260 days lost time due to AWOL and confinement.

The applicant applied to the Army Discharge Review Board (ADRB) on 
19 December 1979 for an upgrade of his discharge to honorable.  He cited in his application to the ADRB that he had family problems (father was ill and could not provide for the family), he tried to get a hardship discharge but was unsuccessful, he went AWOL to get out of the Army and he was unable to obtain suitable employment with his discharge.  The ADRB denied his application for upgrade of his discharge on 15 April 1981.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 6a(1) of 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.  An undesirable discharge was normally considered appropriate. 

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 therefore were appropriate considering all the facts of the case.

3.  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.

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

___rvo __  __slp  ___  __kan __  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12666/AR1998012382	
SUFFIX		
RECON		
DATE BOARDED	1999/01/14	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1971/10/29	
DISCHARGE AUTHORITY	AR635-212 	
DISCHARGE REASON		
BOARD DECISION	NC	
REVIEW AUTHORITY		
ISSUES         1.  A51.00		
2.		
3.		
4.		
5.		
6.