MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            19 January 2000
	DOCKET NUMBER:   AR1999024441

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		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 he be provided an active discharge effective 12 May 2000, and a field promotion.

APPLICANT STATES:  In effect, that he was never discharged from active duty since 12 May 1970 and although he has a Reserve discharge effective 1 July 1975 he is asking for a field promotion.  He goes on to indicate that he had been on a mission in support of the drug war in New England and looking for a cure for Aids.  He also indicates he should be provided a discharge, effective 12 May 2000, which reflects that he completed 30 years of service.  

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

On 29 August 1969, the applicant initially enlisted in the Regular Army for a period of 3 years.  He completed basic training at Fort Dix, New Jersey and on 12 May 1970, while attending advanced individual training (AIT) at Fort Bliss, Texas.  On 13 May 1970, he was discharged and immediately reenlisted for 
3 years, the period under review.  Upon completion of AIT he was awarded in military occupational specialty 24Q (Nike/Hercules Fire Control Systems Maintenance Specialist) and was assigned to Europe for his first permanent duty station.

On 2 November 1970, the applicant was declared AWOL from the overseas replacement station at Fort Jackson, South Carolina.  He remained away for 
59 days until returning to military control at Fort Bliss on 30 December 1970.  On 21 January 1971, he was convicted by summary court-martial of being AWOL for the period outlined and he was sentenced to confinement at hard labor for 
1 month and to forfeit $83.00.  

On 7 June 1971, the applicant was assigned to the 8th Logistics Command in Italy and served there as a duty soldier, an ammunition storage helper, and a stock and control clerk.  On 28 July 1971, the applicant accepted nonjudicial punishment, under the provisions of Article 15 of the UCMJ, for being absent from his place of duty.  

On 2 December 1972, the applicant began a series of AWOLS as follows:
2 to 5 December 1972; 7 December 1972 to 19 February 1973; 30 March to 
9 April 1973; and 20 April to 12 May 1973.  On 30 May 1973, he was tried and convicted for these periods of AWOL by summary court-martial.  The resultant sentence included a reduction in rank to PFC and a forfeiture of $150.00.  The applicant also had three periods of AWOL after 12 May 1973, which was his normal expiration of his term of service (ETS).  These AWOL periods were from 13 May to 15 May 1973; 4 to 5 June 1973; and 12 to 13 September 1973.  

The applicant’s DA Form 20 (Qualification Record) documents his record of promotions and reductions in block 33.  This block shows that he was advanced to private/E-2 (PV2) on 22 November 1969; advanced to private first class/E-3 (PFC) on 23 March 1970; reduced to PV2 on 21 January 1971; advanced back to PFC 23 April 1971; advanced to specialist/E-4 (SP4) on 22 May 1972; and reduced to PFC on 30 May 1973.  

The evidence of record also includes a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) which was issued to the applicant on his release from active duty (REFRAD), effective 28 November 1973.  This record of service shows that he was honorably REFRAD and transferred to the USAR to complete his service obligation.  In addition, it indicates that he separated in the rank of PFC and that the reason for his separation was ETS.  At the time of his discharge he had completed 3 years and 20 days of credible active service on his current enlistment, a total of 3 years, 10 months, and 
11 days of active military service, and had accrued a total of 168 days of time lost.  

On 25 June 1975, Letter Order Number 06-1195354, honorably discharged the applicant from the USAR, effective 1 July 1975, by reason of ETS.  This discharge was based on the applicant completing his 6 year service obligation.  There is no indication in the record that the applicant has ever served in any capacity in the Army, either Regular Army or USAR, subsequent to this discharge.  

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.  There is no evidence of record or independent evidence submitted by the applicant to support his being provided a discharge effective 12 May 2000, which reflects 30 years of completed service.  The evidence of record shows that the applicant was honorably REFRAD from the Regular Army on 28 November 1973, in the rank of PFC, after completing a total of 3 years, 10 months, and 11 days of active military service.  In addition, it shows he was honorably discharged from the USAR, effective 1 July 1975, in the rank of PFC, by reason of ETS after completing his service obligation.  

2.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. 

3.  The record provides no indication that the applicant has subsequently served in any capacity in the Army since his discharge from the USAR on 1 July 1975.  Further, his record contains no evidence that he should have received a field promotion.  The record of promotions and reductions contained in the applicant’s qualification record verifies that he was properly REFRAD in the rank of PFC.  
Therefore, the Board found no evidence to support the applicant’s contentions nor any basis to support relief in this case.

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

___rvo__  __jpi ____  __clg____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999024441	
SUFFIX		
RECON		
DATE BOARDED	2000/01/19	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1973/11/28	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 189	110.0000	
2.  310	131.0000	
3.		
4.		
5.		
6.