MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            9 February 2000                 
	DOCKET NUMBER:   AR1999026410

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Ms. Carol Jo Suiter		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 
	            )

APPLICANT REQUESTS:  That his records be audited so as to determine the amount of back pay owed to him.  

APPLICANT STATES:  That except for a $100.00 per month allotment he received no pay from 1968 to 1975.  He asserts that since his discharge was upgraded to an honorable discharge he should be paid his full pay and allowances to include the period he was in an AWOL status.  

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

He was inducted into the Army on 4 October 1967, completed training as an infantryman and was assigned to the Republic of Vietnam.  He was granted an emergency leave and returned to the United States on 22 August 1968.  On         13 December 1968 he departed AWOL, was returned to military control on        14 February 1975, and was separated from the Army with a general discharge on 8 April 1975.  The DD Form 214 issued indicated 2,252 days lost time.

His awards include the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge and the Parachutist Badge.

His records reflect that upon return to military control in February 1975 a request for a “better than an undesirable discharge” under the Clemency Program was entered on the applicant’s behalf.  The request was approved 8 April 1975 resulting in an upgrade to a general discharge.

On 6 December 1979 he submitted an application to the Army Discharge Review Board (ADRB) requesting an upgrade of his discharge.  On 27 March 1981, the ADRB approved the applicant’s request for an upgrade to an honorable discharge.

His records contain an affidavit made by the applicant and statements by others that outlines the extensive personal problems that lead to the applicant’s decision to go AWOL, and the administrative mistakes made by the Army that have been found to have contributed to his decision to go AWOL.

A Military Pay Voucher issued on 21 July 1975 reflects the applicant’s pay records were reviewed for the pay period 1 September 1969 through 8 April 1975 resulting in a payment to the applicant of $1575.75.  This review also considered the $100.00 monthly payments made to the applicant.

The Department of Defense Pay Manual (DODPM), states that unauthorized absence of more that 1 day is not creditable service.  This precludes any pay and allowances for a period of AWOL of over 1 day unless a determination is made that the period of AWOL was avoidable.

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 was given clemency/mercy for his 2,252 days of AWOL by upgrading his general discharge to an honorable discharge.  This action was taken in recognition of his 4 months in Vietnam, family hardship, age, and administrative mistakes made by the Army.  The act of clemency did not change the fact the applicant was AWOL nor does it change the period of AWOL to a period of creditable service.  As such, IAW the DODPM, he is not entitled to pay for that period.

2.  It is determined that the AWOL was avoidable.  The applicant is now seeking money.  He requests to be paid as if he had remained in Vietnam serving along side his peers or completed his service obligation.  The circumstances leading to the applicant’s decision to go AWOL and remain AWOL warrant compassion, which has already been given.

3.  The records reflect that the applicant’s financial records were reviewed in 1975, therefore a second review is not warranted.

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

_rvo ____  _dsj_____  _cjs_____  DENY APPLICATION

						Karl F. Schneider
				       Director, Army Review Boards Agency

INDEX

CASE ID	AR1999026410	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000209	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.