MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            15 December 1999
	DOCKET NUMBER:   AR1999023966

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Mark D. Manning		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 (UD) be upgraded to a general, under honorable conditions discharge (GD).

APPLICANT STATES:  The applicant has advanced no contentions nor provided any issues.

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

On 23 October 1969, he entered the Regular Army for 2 years and attended basic training and advanced individual training (AIT) at Fort Ord, California.

On 5 January 1970, while still in basic training, the applicant went AWOL from his unit and remained away until 7 January 1970.  On 13 January 1970 he again went AWOL and remained away 20 January 1970.  On 23 January 1970, the applicant accepted nonjudicial punishment (NJP), under the provisions of Article 15 of the UCMJ, for these offenses and was punished with a forfeiture of $26.00.

While in AIT, the applicant accepted two other NJPs: the first on 27 April 1970 and the second on 6 May 1970, both for failing to be at his prescribed place of duty.  In addition, item 44 of the applicant’s qualification record (DA Form 20) shows that the applicant accrued a total of 396 days of time lost due to AWOL and military confinement between 5 January 1970 and 20 September 1971.

On 3 September 1971, the applicant was tried by special court-martial for a period of AWOL between 1 June and 13 July 1971.  He was found guilty and sentenced to be reduced to the rank of private/E-1 and to be confined at hard labor for 2 months.

The available records do not contain the specific circumstances surrounding the applicant’s separation.  However, there is a properly constituted DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued to and authenticated by the applicant documents the following facts:  Character of Service-Under Other than Honorable Conditions; Type of Discharge Certificate Issued-Undesirable; Authority and Reason for Separation-AR 635-212/SPN 28B (Unfitness, Frequent Involvement in Incidents of a Discreditable Nature with Military or Civilian Authorities).  

The DD Form 214 also indicates that on 29 November 1971, the applicant was issued a UD after completing 1 year and 8 days of credible active military service, and having had accrued 396 days of time lost due to AWOL and military confinement.

Army Regulation 635-212, then in effect, provided in pertinent part the policies, procedures, and guidance for the prompt elimination of enlisted personnel who were determined to be unfit for further military service.  Individuals discharged under this regulation would normally be issued a UD.

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 facts and circumstances pertaining to the applicant's discharge are not on file.  However, the evidence of record does include a properly constituted 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), authenticated by the applicant.  This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process. 

2.  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.

3.  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

__mdm __  __tnk ___  ___eb___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023966	
SUFFIX		
RECON		
DATE BOARDED	1999/12/15	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1971/11/29	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	Unfitness	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.