MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:	

	BOARD DATE:            26 August 1999                 
	DOCKET NUMBER:	AC93-10960B
		AR1999015111

	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:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Samuel Calderon		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:  Reconsideration of his previous application to correct his records by upgrading his discharge.

APPLICANT STATES:  In effect, that he was young and immature at the time he went AWOL.  He contends that he did not know how to handle his family problems and regrets his actions.

NEW EVIDENCE OR INFORMATION:  The applicant’s case is reopened in accordance with the Army Board for Correction of Military Records Reconsideration Project (ABCMR-RP) criteria.  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's consideration of his case on 2 February 1994 (COPY ATTACHED).  The applicant’s interim request was administratively closed.

The applicant’s official military records do not contain copies of the material that was submitted in support of the prior decisions nor can it be determined if all of the documentation submitted with this request has been reviewed by the Board.  Therefore, it is appropriate to refer this case to the Board for its review.

The applicant entered active duty on 28 November 1968 and was promoted to Specialist 4 on 29 October 1969.  He reenlisted while in Germany on 17 November 1969 and was granted 30 days leave due to family problems.  His records show that he had a wife and two children, ages 3 months and five years old.  There is also an indication of a resent loss of his father and ill health of his mother. 

The applicant failed to return to his duty station subsequent to the expiration of his authorized leave and on 19 January 1970 he was declared a deserter and dropped from his units rolls.  The applicant was returned to military custody on 2 September 1973 and the charge of AWOL for 1386 days with intent to remain absent was preferred on 11 September 1973.  It was recommended that the applicant’s case be referred to a general court-martial.  The applicant requested separation in lieu of court-martial.  This request was approved by the appropriate authority and the applicant was discharged on 4 October 1973 with an undesirable discharge.  The applicant’s conduct and efficiency was described as excellent up until this point were he went AWOL.

The applicant submits copies Immigration and Naturalization Service (INS) reports detailing his wife’s involvement in illegal activities and a copy of a letter from an attorney who assisted the applicant at the time of his AWOL.  This documentation shows that at the time the applicant went AWOL, his wife was engaged illegal activities that resulted in her being arrested for aiding and abetting others in illegal entry into the United States.  These reports also indicate that the applicant’s wife assisted in the transportation of illegal emigrants on at least three occasions prior to her arrest and was considered a possible accessory after the fact in a smuggling case.

Included in the current submission are 12 character letters from friends and former employers that describe the applicant as a dedicated, faithful and sincere, a very hard worker. 

In 1983 the applicant was involved in a serious pedestrian automobile accident where in he was severely injured and is now permanently disabled.  One of the applicant’s character letters points out that despite his disability the applicant still maintains a good outlook, that he attempts to work and to find ways to improve his situation.

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 applicant had some serious family problems at the time he went AWOL and encourages him to continue in his efforts as a good citizen.  However, there were several alternatives that the applicant should have considered in lieu of going AWOL, to include requesting a compassionate reassignment or a hardship discharge.  There is no indication in the record that he even requested assistance from the chaplain’s office with his situation.

2.  Further, once the applicant cleared up the immediate problem with his family, he could have turned himself into authorities in lieu of waiting almost four years to be apprehended himself.

3.  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.

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

___SLP_   ___SC__  ___BJE___ DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC93-10960B
AR1999015111	
SUFFIX		
RECON	 	
DATE BOARDED	19990826 	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1.	A70.00	
2.	A92.31	
3.	A93.07	
4.		
5.		
6.