MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            21 December 1999
	DOCKET NUMBER:   AR1999024029

	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. Hubert O. Fry, Jr.		Chairperson	
	Ms. Meta Waller		Member	
	Ms. Debra Williams		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 an honorable discharge (HD).

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

On 15 May 1969, the applicant enlisted in the Regular Army for 3 years at the age of 18.  He completed basic training at Fort Bliss, Texas and advanced individual training at Redstone Arsenal, Alabama.  

The highest rank attained by the applicant while on active duty was private/E-2, and the record shows no documented acts of valor, significant achievement, or service warranting special recognition.  There is evidence of disciplinary problems, as evidenced by his acceptance of nonjudicial punishment (NJP), under the provisions of Article 15 of the UCMJ, on two separate occasions.

On 23 October 1969, while at Redstone Arsenal, the applicant accepted NJP for being AWOL from 15 September to 10 October 1969.  His punishment for this offense included a reduction to the rank of private/E-1.  On 19 June 1970, at Camp Howard, Korea, he accepted NJP for failing to report for formation.  

On 1 August 1970, the applicant was declared AWOL from his unit.  On 9 May 1971, he was arrested by the St. Clair Shores, Michigan police for breaking and entering.  On 10 August 1971, Army officials determined that the applicant was incarcerated in the Macomb County Jail, Saint Clair Shores, Michigan and that he had been convicted of breaking and entering.  

On 7 October 1971, he was returned to military control at the Personnel Control Facility (PCF) at Fort Riley, Kansas.  On 13 December 1971, the PCF unit commander recommended that the applicant be separated, under the provisions of Army Regulation 635-206, for misconduct based on his prolonged unauthorized absence for more than 1 year (desertion).  

On 14 December 1971, the applicant consulted legal counsel and was advised of the basis for the contemplated separation action and its effects, and the rights available to him.  After consulting counsel he waved his right to consideration of his case by a board of officers; personal appearance before a board of officers; and he elected not to submit a statement in his own behalf.  

On 23 December 1971, the separation authority approved the applicant’s separation and directed that he receive a UD.  Accordingly, on 18 January 1972, the applicant was discharged after completing 1 year, 5 months, and 9 days of active military service, and having had accrued 446 days of time lost.

Army Regulation 635-206, then in effect, provided in pertinent part, for the administrative separation of enlisted personnel who had committed an act or acts of misconduct (i.e. AWOL, desertion, conviction by civil authorities, and fraudulent entry).  A UD 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 applicant submitted no contentions or factors in mitigation of his misconduct and, after a thorough review of the evidence of record, the Board found no mitigating issues which would warrant an upgrade to the applicant’s discharge.  Therefore, the Board concluded relief is not warranted in this case.

2.  The applicant’s discharge proceedings were conducted in accordance with law and regulations applicable at the time, and the character of his discharge is commensurate with his overall record of military service.

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

___hof __  ___dw___  ___mw__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024029	
SUFFIX		
RECON		
DATE BOARDED	1999/12/21	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1972/01/18	
DISCHARGE AUTHORITY	AR 635-206	
DISCHARGE REASON	Misconduct-Desertion	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.