MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 February 1999                   
	DOCKET NUMBER:   AR1998012152

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler 		Chairperson	
	Mr. Mark D. Manning 		Member	
	Ms. Barbara J. Ellis 		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 (UD) be upgraded.

APPLICANT STATES:  In effect, that he was young and immature and would do things differently now.  He states that he did not commit the civil offense, but was advised that if he pleaded guilty, he’d be released to the Army.  He pleaded guilty, but was given a 6-month jail sentence.

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

He was born on 8 December 1941 and enlisted in the Regular Army for 3 years on 30 September 1960.  Following completion of all required military training, he was ordered to Germany for duty as an infantryman.  Instead, he went AWOL from 23 February 1961 through 27 March 1961.  He was returned to military control at the Overseas Replacement Station, Fort Dix, New Jersey.  He was tried and convicted by a special court-martial on 18 April 1961.

Immediately after his trial, he went AWOL again from 18 April through 11 May 1961.  Returned to military control at Fort Meade, Maryland, he was given orders to Korea and sent to Oakland, California, for further transfer to the Far East.  He served in Korea from June 1961 to August 1963 when he was scheduled to return to the United States and an assignment at Fort Ord, California.  He never reported to Fort Ord.

The applicant was AWOL from 21 September 1962.  On 7 February 1963, he was arrested by civil authorities in Fresno, California, and charged with forgery.  He was tried and convicted on 1 April 1963 and sentenced to 6 months’ confinement (with 53 days credit for time served in the Fresno Jail).  He was returned to military control on 17 July 1963 and processed for separation under the provisions of AR 635-206 for a civil court conviction.  His discharge was approved and, on 1 August 1963, he was issued a UD.  He had 2 years, 1 month, and 17 days of creditable service and 357 days of lost time due to AWOL and confinement.

Army Regulation 635-206, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Section III of the regulation provided, in pertinent part, that members convicted by a civil court were subject to separation. 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.  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 discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall poor record of military service.

3.  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

       CMF         MDM          BJE     DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012152	
SUFFIX		
RECON		
DATE BOARDED	19990224	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19630801	
DISCHARGE AUTHORITY	AR 635-206	
DISCHARGE REASON	A60.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.