MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 December 1999                   
	DOCKET NUMBER:   AR1999028666

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Christopher J. Prosser		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 Report of Separation, block 55 be corrected to delete reference to 7 days lost time.

APPLICANT STATES:  That he was not absent without leave (AWOL) for those 7 days.  He was in the hospital.  His first sergeant did not accept his reason for being absent as valid nor did he verify his story.  He provides his Report of Separation as supporting evidence.

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

On 9 April 1944, he was admitted to Station Hospital, Camp Howze, TX for treatment of a broken nose incurred during an altercation with a military policeman (MP).  He was returned to duty on 16 April 1944.

A line of duty investigation was conducted into the incident.  It was determined that upon being checked for a pass after curfew hours the applicant became abusive towards the MP.  He was placed in the police car and while in the car took a punch at the MP.  In the resulting fight his nose was broken.  It was determined he was under the influence of alcohol at the time of the injury and his misconduct was a contributing factor.  His injury was found to be not in the line of duty.

The Department of Defense Financial Management Regulation, Table 1-2 states that when an absence which causes a soldier’s inability to perform duty for more than 24 consecutive hours because of intemperate use of alcohol or drugs, or disease or injury resulting from misconduct, the period of absence is not creditable towards pay purposes and is counted as lost time.

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.  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.

2.  The entry in block 55 of the applicant’s Report of Separation does not show that he had 7 days of AWOL time, only that he had 7 days of lost time.  This lost time corresponds to the 7 days he was hospitalized for treatment of his broken nose which was determined to be the result of his own misconduct and was appropriately determined to be lost time.

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

__gdp___  __clg___  __cjp___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999028666	
SUFFIX		
RECON		
DATE BOARDED	19991229	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	123.07	
2.		
3.		
4.		
5.		
6.