APPLICANT REQUESTS:  That his bad conduct discharge be upgraded.

APPLICANT STATES:  He was young and immature and was having family problems at the time.  His wife was in danger of losing her unborn child.  He asked for a leave and it was denied.  He turned himself in at Fort Dix and was told he would have to return to Fort Carson.  He was told if he went absent without leave (AWOL) for more than 30 days, he would be dropped from his old post.  He went back home for 31 days and then turned himself back in.

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

He was born on 1 June 1947.  He was inducted into the Army on 12 August 1965.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11H (Infantry Indirect Fire Crewman).

The applicant departed AWOL from 1 - 29 June 1967.

He departed AWOL on 18 July 1967.  On 23 September 1967, he was admitted to the Naval Hospital at St. Albans, NY for treatment of gunshot wounds.  He was returned to Army control on 26 September 1967.  He departed AWOL from the U.S. Army Medical Holding Detachment, Naval Hospital, St. Albans, NY on 14 October 1967.  He was returned to military control on 7 May 1970.

On 8 June 1970, the applicant requested an administrative discharge in lieu of court-martial, but the general court-martial authority denied his request.

On 11 August 1970, the applicant was convicted by a general-court martial of AWOL for the periods 1 - 29 June 1967 and 14 October 1967 - 7 May 1970.  He was sentenced to confinement at hard labor for one year, a reduction to pay grade E-1 and to receive a bad conduct discharge.

On 6 April 1971, the U.S. Army Board of Review affirmed so much of the sentence as called for confinement at hard labor for 9 months, a reduction to pay grade E-1 and a bad conduct discharge.

On 28 June 1972, the applicant was discharged, with a bad conduct discharge, pursuant to his court-martial sentence.  He had completed 3 years, 1 month and 9 days of creditable active service and had 1,375 days of lost time.

Title 10, U.S. Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.

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.  Trial by court-martial was warranted by the length of AWOL charged.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

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

                       DENY APPLICATION

                             				 Loren G. Harrell
					 	 Director