MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 March 1999 
	DOCKET NUMBER:   AR1999018714

	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. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Allen L. Raub		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 discharge under other than honorable conditions be upgraded to honorable.  

APPLICANT STATES:  That he wants and needs an honorable discharge.  He contends that if he can’t get the proper help out of the Government then it’s clear he is still being sacrificed after all these years.   

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

He was inducted on 10 February 1971.  He successfully completed basic training at Fort Polk, Louisiana, and was transferred to Fort Leonard Wood, Missouri, for advanced individual training (AIT) on 17 April 1971. 

The applicant’s records show that he went AWOL from AIT on 20 April 1971 and was arrested by civil authorities for burglary and larceny in Waynesville, Missouri, on 21 April 1971.  On 15 June 1971 he was convicted of the charges and was sentenced to serve 4 years at the Department of Corrections, Jefferson City, Missouri.

The facts and circumstances surrounding the applicant’s discharge are not present in the available records.  However, his records indicate that on 
26 October 1971 he was discharged under other than honorable conditions under the provisions of Army Regulation 635-206 for misconduct due to being convicted by a civil court during his current term of active military service.  He had served 2 months and 10 days of total active service and had 190 days lost time due to AWOL and civilian confinement.

Army Regulation 635-206, in effect at the time, set forth the basic authority for the separation of enlisted personnel for misconduct.  Section VI of the regulation provided, in pertinent part, for the separation of personnel for conviction by civil court.  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.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were in accordance with law and regulations applicable at the time. 

2.  The applicant’s contention was noted by the Board.  However, he has failed to show through the evidence submitted with his application or the evidence of record, that the actions taken in his case were in error or unjust.

3.  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.

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

__jev____  __rwa___  ___alr___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018714	
SUFFIX		
RECON		
DATE BOARDED	1999/03/24	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1971/10/26	
DISCHARGE AUTHORITY	AR635-206  	
DISCHARGE REASON	MISCONDUCT – CIVIL CONVICTION	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.000	
2.  627	A61.00/144.6100	
3.  821	A92.31/144.9231	
4.		
5.		
6.