MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            16 February 00
	DOCKET NUMBER:    AR1999028909

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Meta Waller		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 his discharge under other than honorable conditions (UOHC) be upgraded to honorable.

APPLICANT STATES:  In effect, that due to family and work related problems he was under a great deal of emotional distress.  He further states that his commanding officer was intolerant of his family problems.

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

On 13 July 1977 the applicant enlisted in the Regular Army for a period of 3 years.  He enlisted for the US Army Combat Arms Unit/Area of Choice Enlistment Option (7th Infantry Division, Fort Ord California).  He successfully completed basic combat training and advanced individual training (AIT) at Fort Knox, Kentucky.  Upon completion of AIT he was awarded the military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist), and was assigned to Fort Ord, California.

On 2 September 1977 the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ for failure to obey a lawful order.  His punishment consisted of a forfeiture of $50.00 (suspended 60 days) and 7 days restriction and extra duty.  

On 23 November 1977 the applicant accepted an NJP for failure to go to his appointed place of duty.  His punishment consisted of a forfeiture of $100.00 (suspended 60 days), 7 days restriction, and 14 days extra duty.

On 20 December 1977 the applicant’s Bar to Reenlistment was approved.

On 2 February 1978 the applicant accepted another NJP for failure to go to his appointed place of duty.  His punishment consisted of a forfeiture of $220.00, 22 days restriction, and 14 days extra duty.

Between 20 February 1978 and 22 November 1982 the applicant accumulated 5 periods of AWOL (780220-780302, 780310-790318, 790323-791004, 791005-820604, 820628-821122) totaling 1,725 days of lost time.

On 23 November 1982 the applicant was apprehended by civilian authorities and returned to military control.

On 1 December 1982 his commanding officer recommended the applicant be discharged under the provisions of Chapter 14, AR 635-200, for misconduct, commission of a serious offense.

On 2 December 1982 the applicant voluntarily declined legal counsel, waived his rights to have his case considered by a board of officers and elected not to submit a written statement in his own behalf.

On 16 December 1982 the separation authority approved separation under the provisions of chapter 14, AR 635-200 and issuance of a UOHC.

On 28 December 1982, at Fort Ord, the applicant was discharged with a UOHC after completing 2 years, 9 months, and 4 days of active military service.

On 20 May 1999 the applicant applied to the Army Discharge Review Board for an upgrade of his discharge; however, he was beyond the 15-year statute of limitations and was referred to the Army Board for Correction of Military Records (ABCMR) for relief.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

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 Board does not find any evidence of arbitrary or capricious actions by the command.  The applicant provided no independent corroborating evidence demonstrating that either the commander was prejudice towards him or that he refused to listen to him regarding his family problems.

2.  The Board notes the applicant had accumulated 5 periods of AWOL totaling 1,725 days.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

3.  In view of the applicant’s numerous acts of misconduct (i.e., 3 NJP’s and 1,725 days of AWOL) he diminished the quality of his service below that meriting a fully honorable or general discharge.

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

___aao__  ___clg__  __mw____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028909	
SUFFIX		
RECON		
DATE BOARDED	20000216	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19821228	
DISCHARGE AUTHORITY	AR .635-200, Chapter 14	
DISCHARGE REASON	A60.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.9307		
2.9411		
3.		
4.		
5.		
6.