MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           2 February 2000
	DOCKET NUMBER:   AR1999025570

	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.

	Ms. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Lester Echols		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 undesirable discharge (UD) be upgraded to general, under honorable conditions.

APPLICANT STATES:  In effect, that he went AWOL due to youth and immaturity; that he has paid the price and managed to work and raise a family in spite of receiving an undesirable discharge. 

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

He was inducted into the U.S. Army for a period of 2 years on 26 September 1962.  He successfully completed basic combat training and advanced individual training (AIT) in military occupational specialty 760.00 (Unit Supply Specialist) at Fort Knox, Kentucky.  Thereafter he was reassigned to Bad Kreuznach, Germany.

On 27 May 1964 he was honorably discharged and credited with 1 year, 8 months, and 2 days active military service.

On 28 May 1964 he reenlisted in the Regular Army for a period of 4 years.

The applicant’s record documents that the highest permanent rank he held on active duty was private first class/E-3 and the record contains no documented acts of valor, achievement, or service warranting special recognition.

On 21 July 1964 the applicant departed AWOL and remained absent until 15 September 1964.  On 15 August 1964, while in AWOL status, he was apprehended and confined by civilian authorities in New Boston, Ohio, awaiting trial for petty larceny.  

On 29 October 1964 the applicant again departed AWOL.  On 10 April 1965 civilian authorities in Portsmouth, Ohio apprehended the applicant.  He was returned to duty on 12 April 1965.

On 6 May 1965 the applicant was convicted by special court-martial for his two periods of AWOL.  He was sentenced to reduction to private/E-1, confinement at hard labor for 6 months, and forfeiture of $55 per month for 6 months.  He was confined to the U.S. Army Armor Center Stockade, Fort Knox, Kentucky.

On 18 May 1965 the unexecuted portion of the sentence to confinement at hard labor was remitted effective the date of administrative separation. 

On 27 May 1965 the applicant was discharged under the provisions of AR 635-208 for unfitness and issued a DD Form 258A (Undesirable Discharge Certificate).  He was credited with 1 month and 24 days on his current enlistment, and 307 days of time lost under Title 10, United States Code.

Army Regulation 635-208, 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 normally receive a UD. 

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15 year statute of limitations.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.  In view of the applicant’s extended period of AWOL, it does not appear that his UD was too severe.

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 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

__cmf___  _jea_____  __le____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999025540	
SUFFIX		
RECON		
DATE BOARDED	20000202	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19650527	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	5000	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 9301		
2. 9235		
3. 9221		
4. 0100		
5.		
6.