MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:        10 February 1999    
	DOCKET NUMBER:   AC95-07010A
				   AR1999016571

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Patrick Bogenberger		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Gary F. Geraets		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 bad conduct discharge to general.

APPLICANT STATES:  That his undesirable discharge was inequitable because it was based on one incident.  His battery commander blamed him, along with four other personnel, for going AWOL.  He turned himself in, whereas the other four were apprehended and received only a reduction in rank.  He received one year in prison.  

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 11 July 1990 (COPY ATTACHED).
 
In his 17 January 1989 application to this Board the applicant stated that he was in jail for a tavern fight in Junction City, Kansas; and that he went AWOL because his commanding officer told him he was going to be put in the stockade, because he was in jail and not on base.  He further stated that he was on permanent KP (kitchen police) until his court-martial.  He didn’t like that, he left, and afterward turned himself in at Fort Riley, Kansas, on 18 March 1956. 

The applicant was inducted into the Army on 6 February 1953 and honorably discharged on 1 May 1953; served again from 2 May 1953 until his honorable discharge on 5 December 1954.  His last period of service from                           6 December 1954 until 31 May 1956 terminated with a bad conduct discharge.  

A 10 November 1955 Fort Sheridan, Illinois, special order shows that the applicant was apprehended by military authorities on 8 November 1955 at Milwaukee, Wisconsin.  

The 12 April 1956 general court-martial order which directed that the applicant receive a bad conduct discharge, forfeiture of all pay and allowances, and to be confined a hard labor for two years, shows that the applicant pled guilty to AWOL from 1 November 1955 until 3 November 1955; from 4 November 1955 until       8 November 1955; and from 1 December 1955 until 18 March 1956.  It also shows that he had two previous court-martial convictions.

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 applicant’s argument that his discharge was unfair is not supported by the evidence of record.  His contention that he was unjustly punished vis a vis others who were also AWOL (because they were apprehended, whereas he turned himself in) has no basis in fact, and if so, in the opinion of this Board, would have made no difference.  The applicant’s contention that his bad conduct discharge was based on one incident is simply untrue, as reflected in the aforementioned general court-martial order.   

2.  The Board notes that he may have turned himself in after going AWOL, as he so states, but at least on one occasion he was apprehended by military authorities while AWOL.

3.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to grant the relief requested.

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

___pb___  ___eja__  ___gfg__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-06130/AR1999016571	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990210	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.110.00		
2.		
3.		
4.		
5.		
6.