MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            4 August 1999
	DOCKET NUMBER:   AR1999017565

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. George D. Paxson		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 undesirable discharge (UD) be upgraded to an honorable discharge.

APPLICANT STATES:  That when he was discharged he was issued an Honorable Discharge Certificate.  He further states that this Report of Transfer or Discharge (DD Form 214) indicates that his service could not be found at the time of his discharge and he believes that an error was made regarding the character of his service.

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

On 28 June 1960, he was inducted in the Army.  On 15 September 1960, he was honorably discharged for the purpose of immediate reenlistment.  He had completed 2 months and 18 days of total active service.

He reenlisted in the Army for 3 years on 16 September 1960 at Fort Jackson, South Carolina.

On 17 August 1960, the applicant was convicted by a summary court-martial of being incapacitated for the performance of his duties as a result of previous indulgence in intoxicating liquor.  His sentence consisted of a reduction in pay grade, hard labor without confinement and a forfeiture of pay.

On 15 July 1961, while en route to Fort Dix, New Jersey, he went AWOL and he remained absent in desertion until he was apprehended by military authorities on 27 November 1964 and was returned to military control.  During his interview with the arresting official, the applicant submitted a statement indicating that he went AWOL because of his wife’s health.  He further indicated the last time he saw his service records, was at the time he went AWOL and they were on a Trailways Bus with his baggage.

The facts and circumstances pertaining to the applicant's discharge are not on file.  His DD Form 214 indicates that he was discharged on 23 December 1964, under the provisions of Army Regulation 635-200, for desertion, and was issued a UD.

On 24 December 1964, the applicant was mailed a copy of his Undesirable Discharge Certificate and DD Form 214.

There is no evidence that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge.

Army Regulation 635-206, in effect at the time, set forth the basic authority for the separation of individuals who had remained continuously in a status of desertion for more than 1 year.  An undesirable discharge was normally considered appropriate.

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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However, they are not supported by the evidence of record.  He was absent in desertion for over 3 years and he was mailed a copy of his Undesirable Discharge Certificate and his DD Form 214.  There was no error made regarding the character of his service.

4.  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.

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

___fkm__  __gp____  __inw ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999017565	
SUFFIX		
RECON		
DATE BOARDED	1999/08/04	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1964/12/23	
DISCHARGE AUTHORITY	AR 635-206	
DISCHARGE REASON	651	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  708	144.7100/A71.00/Triable by CM: AWOL	
2.		
3.		
4.		
5.		
6.