MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            26 October 2000                 
	DOCKET NUMBER:    AR2000038812

	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. Carl W. S. Chun		Director	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. Linda M. Darby		Chairperson	
	Mr. Arthur A. Omartian 		Member	
	Mr. William D. Powers		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 undesirable discharge be upgraded to an honorable discharge.

APPLICANT STATES:  That at the time he enlisted his step-father consented to his enlistment and he did not know his real name.  The subsequent events were beyond his control and he would like to have his discharge upgraded.  He also contends that while he was in the service he had a child who received no support from the government and he received no pay.

The applicant has submitted no evidence in support of his application.

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

He enlisted in the Regular Army on 31 October 1967 at age 17 under the name shown on his application to this Board.  At the time of his enlistment, he indicated on the enlistment contract that he had never been arrested, convicted of any offense or placed on parole.  He entered basic training at Fort Knox, Kentucky on 7 November 1967.  

On 6 January 1968 he departed absent without leave (AWOL) and remained in that status until 23 January 1968 when he was returned to duty and placed in military confinement.  He pled guilty and was found guilty by a special-court martial (SPCM) and was sentenced to forfeit $37.00 per month for 2 months and to be confined at hard labor for 2 months.  The forfeiture portion of the sentence was suspended.

On 10 March 1968 he departed AWOL and remained absent until 22 March 1968.  He was returned to military control at the Special Processing Detachment, Fort Meade, Maryland from where he departed AWOL again on 30 March 1968 and remained absent until 20 September 1968.  He was convicted by a SPCM on 27 November 1968 and sentenced to confinement at hard labor for 3 months.  

On 15 October 1968 information was received from the California Youth Authority that the applicant was, at the time of his enlistment, in a parole status from that agency.  A fact that he did not disclose at the time of his enlistment.
On 7 November 1968 it was found that the applicant actually had a surname different than that used on his enlistment contract (and in his application to this Board).  His name was changed on his official records and elimination action for fraudulent enlistment was begun.

On 30 December 1968 his commander recommended that he be eliminated from the service for fraudulent entry and that he be issued an undesirable discharge.  The applicant waived consideration of his case by a board of officers and declined to submit a statement in his own behalf.  He was also advised at that time of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans benefits.

The appropriate authority approved the request for elimination from the service on 14 January 1969 and directed that an Undesirable Discharge Certificate be issued.  Accordingly, the applicant was discharged on 21 January 1969. 

The record contains a copy of the applicant’s marriage license showing that he was married on 9 August 1968.  

A Report of Proceedings by the Fort Knox Clemency Board, conducted in connection with his elimination action, shows that he was married and had two children but had no allotments in effect.

There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within the 15-year statute of limitations for such actions before that board.

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 has provided no evidence and the record contains no evidence to substantiate his claim that he was not properly paid during his service or that his discharge proceedings were not conducted in accordance with law and regulations in effect at the time

2.  His frequent AWOL’s warranted trial by courts-martial and the quality of his service over a relatively short period of time was appropriately characterized by the undesirable discharge that he received.

3.  In the absence of any evidence refuting the propriety of his undesirable discharge, there are no grounds for this Board to upgrade it.

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

__aao   __  ___wdp_  ___mmd__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000038812	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001024	
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.  110.02		
2.   128.15		
3.   144.62		
4.		
5.		
6.