MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            18 March 1999
	DOCKET NUMBER:    AR1999020805

	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. Joyce A. Wright 		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Ernest W. Lutz, Jr.		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:  In effect, that his undesirable discharge be upgraded to a general discharge.

APPLICANT STATES:  In effect, that at the time of his AWOL he was in jail awaiting trial for which he received 5 years probation.  He also states that his first AWOL occurred while he was on leave and was unable to return due to his spouse’s pregnancy.  He further states that due to financial difficulties his family needed funds to provide and maintain an adequate household.

EVIDENCE OF RECORD:  The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he enlisted on 2 February 1950.  

He was convicted by a special court-martial on three separate occasions for being AWOL and on one occasion for parole violation.  His punishment consisted of a forfeiture of pay and confinement at hard labor.

On 3 August 1954 he was ordered to appear before a board of officers on 5 August 1954 to determine if he should be discharged from the service due to unfitness because of his misconduct.  The applicant appeared before the board and was represented by counsel.  He also elected not to testify in his own behalf. 

The board recommended that he be discharged from the service because of unfitness and issued an Undesirable Discharge Certificate.  The appropriate authority approved the finding and recommendation of the board of officers on 6 August 1954. 

Accordingly, the applicant was discharged under other than honorable conditions on 3 December 1954, under the provisions of Army Regulation 615-368, for unfitness based on traits of character rendering retention in the service as undesirable.  He had served 2 years, and 10 months of total active service and had 732 days of lost time due to AWOL and confinement.

The applicant applied to the Army Discharge Review Board (ADRB) on 
24 January 1998.  However, that board was precluded from accepting his application due to its statute of limitations (15 years).  

Army Regulation 615-368, in effect at the time, set forth the basic authority for 
the separation of enlisted personnel by reason of unfitness.  That regulation 
provided for the discharge of individuals who had demonstrated their unfitness 
by giving evidence of undesirable habits of character manifested by conduct.

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 administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The type of discharge directed and the reason therefore were appropriate considering all of the available facts of the case.

3.  The Board notes that the applicant had family problems, however, his extensive absence (732 days) is too serious and his service was too undistinguished, for equitable relief to be appropriate.

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

JMA____  KYF_____  EWL____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999020805	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990318	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19541203	
DISCHARGE AUTHORITY	AR615-368         	
DISCHARGE REASON	Unfitness	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.