MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  5 April 2000
	DOCKET NUMBER:  AR1999029249

	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.

			Director	
	Ms. Lee Tinsley		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		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 general under honorable conditions (GEN) discharge be upgraded to honorable.

APPLICANT STATES:  That he was in a hardship condition at the time of his court-martial and the JAG instructed him to submit a change after 2 years.  The applicant further states that he had not been given emergency leave at a time of dyer need and he went AWOL because of the denial.  He voluntarily turned himself in and requested a court-martial.  The JAG had learned from witnesses that he had been denied the right to emergency leave and offered him a general under honorable conditions that could be revised to honorable.

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

He was born on 5 March 1954.  On 21 June 1972, the applicant enlisted in the Regular Army in MOS 94A10 (Food Service Helper) for 3 years.

On 20 November 1972, the applicant was reported AWOL and reported to his unit on 12 December 1972.  He again went AWOL on 2 January 1973 and was arrested by civil authorities on an outstanding traffic warrant on 16 January 1973.
On 21 March 1973 applicant was AWOL and on 22 March 1973 he was arrested by civil authorities on an outstanding traffic warrant.  Applicant again went AWOL on 4 June 1973 and surrendered himself to his unit on 5 July 1973.

The applicant was punished under Article 15 UCMJ twice, both for being AWOL.
He was also convicted by special court-marital for AWOL.  His unit also stated that they had received two requests for assistance to settle a debt that the applicant had with a Federal Credit Union.

On 6 September 1973, the applicant’s commander requested that he be eliminated from the service by reason of unfitness.  The commander stated that the applicant had continuous problems with unauthorized absences and desertion, two completed actions under Article 15, two arrests by civil authorities on outstanding traffic warrants, which both occurred during periods of AWOL, a special court-martial conviction for AWOL and a continued shirking of his financial responsibility toward a local credit union.

On 4 October 1973, the separation authority, a colonel, disapproved the request for separation for unfitness and directed separation under the provisions of Chapter 13, AR 635-200 because of unsuitability and issuance of a General Discharge Certificate.  He had completed 1 year, 1 month and 7 days creditable service and had 75 days of lost time.  He was awarded the National Defense Service Medal, the Expert Marksmanship Badge (M-16), and Grenade.

Army Regulation 635-200 sets forth the policy and prescribes the procedures for administrative separation of enlisted personnel.  Chapter 13, in effect at that
time, applied to separation for unfitness and unsuitability.  At that time, paragraph 13-5 b (3) provided for the separation of individuals whose record evidenced apathy (lack of appropriate interest), defective attitudes, and an inability to expend effort constructively.  When separation for unsuitability was warranted an honorable or general discharge was issued as determined by the separation authority based upon the individual's entire record.

There is no evidence of record that he applied to the Army Discharge Review Board within the required 15-year time frame for a discharge review.

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.  Trial by court-martial was warranted by the gravity of the offenses charged. Discharge was effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was discharged.

2.  Although it has been over 27 years since the applicant was issued a General (under honorable conditions) discharge, his overall service record does not outweigh the gravity of his offenses.  Accordingly, relief is not warranted.  Additionally, the applicant has provided nothing to demonstrate postservice good citizenship of such a nature that it would mitigate his offenses and thereby warrant relief.

3.  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.

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

_RO___  __SK__  ___LE__         DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029249	
SUFFIX		
RECON		
DATE BOARDED	20000405	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  110	Upgrade Discharge	
2.		
3.		
4.		
5.		
6.