MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  30 December 1998                            
	DOCKET NUMBER:   AC98-12717/AR1998012532

	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. George D. Paxson		Chairperson	
	Ms. Sherri V. Ward		Member	
	Mr. Van B. Cunningham		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 under other than honorable conditions (UOHC) discharge be upgraded to a general discharge (GD).

APPLICANT STATES:  He went AWOL and was given amnesty under a Presidential program, but he did not complete the terms of the program.  He adds that his entire record should be considered in deciding his character of discharge.

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

He was born on 14 October 1946 and enlisted in the Regular Army for 3 years on 3 July 1968.  Following enlistment, he underwent Basic Combat Training, the Basic Reading Program, Infantry Advanced Individual Training, and started Maintenance Advanced Individual Training.  He did not complete this latter program and was sent to Vietnam as an infantryman, arriving there on 6 July 1969.

The applicant’s conduct and efficiency were characterized as unknown to excellent during his Vietnam tour; however, he did receive a special court-martial conviction for disobeying a lawful order from a commissioned officer on 18 February 1970.  He departed Vietnam on 2 July 1970.

The applicant was assigned to Fort Jackson, South Carolina on 10 August 1970 and assigned to the Basic Combat Training Committee Group.  On 2 September 1970, he went AWOL for 29 days returning on 30 September 1970.  Upon his return, he went AWOL again on 1 October 1970 and did not return to military control until 23 May 1971.  Placed in military confinement for 4 days at Fort Knox, Kentucky, he went AWOL again upon his release (4 June 1971) and remained absent for 95 days until 7 September 1971.  When he was returned to military control, he was again placed in custody.  His final AWOL commenced on 4 October 1971 and ended on 11 February 1975.

Court-martial charges were preferred against the applicant, but he was not court-martialed.  Instead, he was offered Presidential clemency in return for his agreement to participate in the Reconciliation Service Program to perform 9 months of alternative service.  He agreed and was issued a UOHC discharge on 14 February 1975.  He had a total of 2 years, 2 months, and 29 days of creditable service and 884 of lost time prior to his scheduled expiration term of service (ETS), and 704 days of lost time subsequent to ETS.

The applicant never completed his alternative service and, in fact, signed a statement after his enrollment stating that he would not comply with the terms and declined further participation.  He was removed from the Reconciliation Service Program on 22 December 1975.
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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 agreed to participate in the Reconciliation Service Program, but reneged and did not perform his alternative service.

3.  With a special court-martial conviction in his file and the large amount of lost time, his military service was not sufficiently meritorious to overcome the character of his discharge.

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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12717/AR1998012532	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981230	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	19750214	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.