MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 January 1999                   
	DOCKET NUMBER:   AC98-12545
				   AR1998012602

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Karen J. Newsome		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John P. Infante		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:  In effect, that his discharge be further upgraded to fully honorable and that his lost time be adjusted.

APPLICANT STATES:  He has been telling the Army since 1972 that his lost time is wrong.  He provides copies of DA Forms 31, Request and Authority for Leave; Military Pay Vouchers; and Leave and Earnings Statements (LESs) in support of his application.

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

He enlisted in the Regular Army on 30 January 1970.

On 4 June 1970, he was convicted by a special court-martial of going from his appointed place of duty without authority.  He was sentenced to confinement at hard labor for 15 days, suspended, and to forfeit $50 pay for 1 month.

On 22 September 1972, he was convicted by a summary court-martial of being absent without leave (AWOL) from 3 to 5 July 1972, 12 to 13 July 1972 and 21 to 23 August 1972.  He was sentenced to forfeit $40 pay for 1 month.

The applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice on three occasions.

On 29 May 1973, he was convicted by a special court-martial of being AWOL from 28 October 1972 to 11 April 1973.  He was sentenced to confinement at hard labor for 6 months and to forfeit $200 pay for 6 months.

On 12 April 1974, discharge proceedings under the provisions of Army Regulation 635-200, Chapter 13, for unfitness, frequent incidents of a discreditable nature were initiated.  Although the applicant did not complete the endorsement requesting or waiving consideration of his case by a board of officers, such a board was held on 5 June 1974.

One of the documents presented to that board was a certificate from the servicing personnel officer reconciling the lost time shown in the applicant’s military personnel file with that shown in his finance file.  The total days were two days off (929 days vice 931 days) but the discrepancy was adequately explained.
Both files showed the applicant was AWOL from 6 January to 12 May 1972.

The applicant submitted copies of his Military Pay Vouchers and DA Forms 31 to that board to show he was not AWOL during 1972.  The board found that one 

copy of the DA Forms 31 was unsigned and four copies bore suspicious signatures; that a written certificate revealed eight incidents of AWOL committed by the applicant and that he refuted only the AWOL of 6 January to 12 May 1972 (the other seven he could “not recall”).  That board recommended the applicant be separated for unfitness, frequent incidents of a discreditable nature.
On 25 June 1974, the appropriate authority approved the findings of the board and directed the applicant be furnished an Undesirable Discharge Certificate

On 3 July 1974, the applicant was discharged, with a discharge under other than honorable conditions, in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 13 for unfitness.  His DD Form 214 shows he completed          1 year, 10 months and 19 days of creditable active service and had 929 days of lost time.

On 1 April 1977, the Army Discharge Review Board (ADRB) upgraded the applicant’s discharge to a general discharge under honorable conditions.  The reason behind the ADRB’s upgrade is not given.  The applicant’s corrected DD Form 214 shows he had completed 1 year, 9 months and 2 days of creditable active service and had 962 days of lost time.  (The period 6 January to 12 May 1972 was changed to an accurate 159 days instead of 128 days).  

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 applicant’s primary contention about his lost time was that he was not AWOL from 6 January to 12 May 1972.  The LESs he provides cover the period December 1973 to June 1974.  His Military Pay Vouchers are either outside the contested period and/or are unsigned documents.  The DA Forms 31 he provides are poor copies and their authenticity was in question during his Chapter 13 board.  He provides no verifiable evidence that he was not AWOL during the periods his records indicate he was.

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

__KJN___  __FNE___  __JPI___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12545/AR1998012602	
SUFFIX		
RECON		
DATE BOARDED	19990121	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	123.01	
2.	110.00	
3.		
4.		
5.		
6.