MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 October 1999                  
	DOCKET NUMBER:   AR1999021854

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Mr. Thomas B. Redfern, III		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:  That his bad conduct discharge be upgraded.

APPLICANT STATES:  That shortly after he enlisted he started having a lot of family problems.  Different agencies tried to help him but most of them told him they could do nothing.  His wife started drinking, became an alcoholic and she was not taking care of his daughter.  He had to be out of the service to work on these problems for more time than the Army allowed him.  A few times he could not return from leave on time due to those problems.  Supporting evidence is as listed on his attachment to the DD Form 149.

COUNSEL CONTENDS:  Counsel makes no contention.

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

He enlisted in the Regular Army on 20 August 1968.  He completed basic training, basic airborne training and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  He was assigned to Fort Lewis, WA on or about 12 March 1969 pending onward movement to Vietnam.

On 7 April 1969, the applicant’s spouse was served with a notice of divorce proceedings.  His case went to trial 13 November 1969.  He was granted a divorce on 22 January 1970.

On 20 July 1971, the applicant was convicted by a special court-martial of being absent without leave (AWOL) from 19 March 1969 – 13 November 1970, from  30 November – 7 December 1970, from 16 – 23 December 1970, and from         5 January – 4 May 1971.  He was sentenced to a bad conduct discharge and to confinement at hard labor for 2 months.

On 28 October 1971, the U. S. Army Court of Military Review affirmed the findings of guilty and the sentence.

On 1 February 1972, the applicant was discharged, with a bad conduct discharge, pursuant to his court-martial sentence.  He had completed 2 years, 5 months and 4 days of creditable active service and had 374 days of lost time.

Title 10, U.S. Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.

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 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.

2.  Trial by court-martial was warranted by the length of the AWOL periods involved.  Conviction and discharge were effected in accordance with applicable law and regulations and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

3.  The Board empathizes with the applicant’s personal problems, but there is no evidence of record to show he attempted to resolve his problems through accepted military procedures such as requesting a compassionate reassignment or a hardship discharge. 

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

__ew____  __tbr___  __ewl___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021854	
SUFFIX		
RECON		
DATE BOARDED	19991013	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.