MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            2 February 2000                  
	DOCKET NUMBER:    AR1999028825

	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. Wanda L. Waller		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:  In effect, as the widow of a deceased former service member (FSM), that the entry pertaining to AWOL be corrected on her husband’s DD Form 214 (Report of Separation from Active Duty) to make her eligible for Veterans Affairs (VA) benefits.

APPLICANT STATES:  In effect, that she has been denied VA benefits because the FSM’s AWOL periods totaled over 180 days.  In support of her application, she submits a letter dated 29 June 1999, a copy of the FSM’s Certificate of Death dated 21 May 1987, NA Form 13044 (Reply Concerning Military Records), the FSM’s DD Form 215 (Correction to DD Form 214, Report of Separation from Active Duty), the FSM’S DD Form 214, the FSM’s DA Form 20 (Enlisted Qualification Record), NA Form 13046 (Response to Request for Separation Documents/Information), a letter dated 5 June 1999, the FSM’s Certificate of High School Equivalency, pages 1 and 2 of the FSM’s OSA Form 172 (Army Discharge Review Board Brief; Statement of Findings, Conclusions and Reasons; and Case Report and Directive) and VA documentation.         

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

The FSM was inducted on 18 May 1971 and trained as a helicopter repairman.  On 11 October 1972 the FSM was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10, for the good of the service.  He had served 10 months and 1 day of total active service with 207 days lost due to AWOL.   

The FSM’s DD Form 214 shows two periods of lost time (24 January 1972 through 25 January 1972 and 14 February 1972 through 5 September 1972), a total of 207 days.  

On 4 October 1977, the FSM’s discharge was upgraded to general under the Special Discharge Review Program (SDRP).  On 18 April 1978, as required by Public Law 95-126, the ADRB reviewed the FSM’s case and voted to affirm the SDRP discharge.

The FSM was issued a new discharge certificate showing the characterization of service as “Under Honorable Conditions”.  The FSM’s new DD Form 214 also shows two periods of lost time (24 January 1972 through 25 January 1972 and 14 February 1972 through 5 September 1972), a total of 207 days.  

The Special Discharge Review Program, often referred to as the “Carter Program,” was announced on 29 March 1977.  The program mandated upgrade of administrative discharges if the applicant met one of seven specified criteria.

Public Law 95-126.  This law, enacted in October 1977, denied VA benefits to any former service member who had been AWOL for more than 180 consecutive days, or who had been classified as a deserter or a conscientious objector.  

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 FSM’s discharge under other than honorable conditions was reviewed and upgraded to a general discharge (under honorable conditions) on 4 October 1977 and was affirmed by ADRB on 18 April 1978. 

2.  Evidence of record shows the FSM accrued 207 days of lost time due to being absent without leave.  These 207 days of lost time are correctly shown on the FSM’s original discharge and the upgraded discharge.         

3.  There is no evidence, and the applicant has provided no evidence, that the characterization of the FSM’s general discharge is unjust in view of his 207 days of lost time due to AWOL.  Similarly, there is no evidence which shows that the FSM’s general discharge is in error.  Therefore, there is no basis for changing either the characterization of the discharge or the number of days of lost time.  

4.  The Board notes the applicant is attempting to gain VA benefits; however, the Board does not change discharge documents solely for the purpose of obtaining benefits from the Department of Veterans Affairs.    

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

CMF____  JEA_____  LE______  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028825	
SUFFIX		
RECON		
DATE BOARDED	20000202	
TYPE OF DISCHARGE	(GD) SDRP upgraded to GD from UOTHC on 19771004	
DATE OF DISCHARGE	19721011	
DISCHARGE AUTHORITY	AR 635-200 Chapter 10	
DISCHARGE REASON	For the good of the Service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	123.0000	
2.		
3.		
4.		
5.		
6.