MEMORANDUM OF CONSIDERATION

IN THE CASE OF:    

BOARD DATE:           20 May 1999
DOCKET NUMBER:   AC94-11628A
			   AR1999015088

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Margaret V. Thompson 		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: Reconsideration of his application to correct his records by upgrading his discharge.  He also requests that the Board convert his first AWOL period from lost time to emergency leave.

APPLICANT STATES:  In effect, that the death of his mother caused him to act inappropriately and mitigates the offences that lead to his discharge.  He indicates that, as the only son, it was his responsibility to take care of things at home and states that “Family comes first, even before the United States Army.”  He avers that he did maintain acceptable standards for retention and deserves an honorable discharge.  He contends that the period of AWOL in association with his mother’s death should be considered to be emergency leave.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 14 December 1994 (COPY ATTACHED).

The applicant’s request that a part of his lost time be converted to emergency leave and that death of his mother as mitigating factor are new issues warranting Board consideration.

The applicant’s record shows that he was notified that he was being ordered to active duty on 15 August 1976.  The reason stated was that he was AWOL from annual training.  The order indicates that he had been counseled previously about unauthorized absences.

The record further shows that the applicant’s original review by this Board was prompted by his being denied a waiver to reenlist.

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 Board notes that the applicant was originally ordered to active duty as a result of repeated unauthorized absences from his reserve drill unit.  This indicates that the applicant’s active duty behavior was not an isolated or single situational event but rather a habitual inability to meat his service obligations.

2.  The action, which generated his first application, was a request for a waiver for reenlistment.  At that time he indicated that the reason for his discharge was that he was forced out due to an inability to pay just debts. On his original application he indicated that the reason for his improper actions was due to marital problems.  His current contention that his mother’s death caused his misconduct, appears to be an after thought. 

3.  There is no evidence of record to indicate that the cause of the applicant’s AWOL was due to the death of his mother nor that he requested leave due to this fact.  There is no evidence that this issue was raised at the time of his discharge, application to return to active duty nor in concert with his the prior Board’s consideration.  In fact there is no evidence of his mother’s death except the notation on the current application. 

4.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

5.  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

___EMW__ ___HOF  ___MVT___ DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC94-11628A
AR1999015088	
SUFFIX		
RECON	 	
DATE BOARDED	 20 May 1999	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	  . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	191	
2.		
3.		
4.		
5.		
6.