MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           26 October 2000
	DOCKET NUMBER:   AR2000038981

	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	
	Ms. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda 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 (UD) discharge be upgraded to an honorable discharge.

APPLICANT STATES:  In essence, that his record does not state the number of repeated family problems he was having at the time of his service.  He further states that the Army ignored his pleas for a hardship discharge in order to go home to take care of his wife and help his family deal with the loss of a family member.  He submits a detailed explanation for his actions, his employment history, letters from his two sisters, his former wife and his uncle all outlining the problems the family was facing at the time, to include the illness of his former wife.  He also submits a letter granting limited power of attorney to his sister to act in his behalf as it applies to the actions by this agency, dated 13 October 2000.

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

On 2 November 1966, he enlisted in the Regular Army for 3 years.  He completed basic training at Fort Campbell, Kentucky.  On 4 December 1966, while on leave in a trainee status, he departed absent without leave (AWOL) until 12 January 1967.  He was apprehended and returned to military control at Fort Carson, Colorado.  He was then AWOL for two more periods from 1 March to 
17 May 1967 and again from 1 to 20 June 1967.

On 4 August 1967, he was convicted by a special court-martial (SPCM) of the three periods of AWOL.  His sentence included forfeiture of $37.00 pay per month for 6 months and confinement at hard labor for 6 months.

On 8 August 1967, the applicant was admitted to the Naval Hospital, Great Lakes, Illinois, for treatment by the Neuropsychiatric Service.  The examining physician determined that he was mentally responsible and could distinguish right from wrong. The physician also concluded that further incarceration could prove deleterious to his health, would not prove corrective and that he had received the maximum benefit of hospitalization.  The applicant’s final diagnosis was inadequate personality and the physician recommended that he be separated from the Army by reason of unsuitability.

On 26 September 1967, the SPCM convening authority modified the sentence to show forfeiture of $37.00 per month for 6 months, to be suspended for 6 months, at which time, unless the suspension was sooner vacated, the unexecuted portion of the sentence would be remitted without further action.  The applicant was placed in the post stockade at Fort Sheridan, Illinois to serve his confinement.  Following his confinement, he was assigned to the U.S. Army, Special Processing Detachment (SPD), U.S. Army Garrison, Fort Carson, as a trainee replacement.

On 10 October 1967, the applicant again went AWOL.  He was returned to military control on 7 December 1967.

On 11 January 1968, he was convicted by a SPCM of being AWOL from 
10 October to 7 December 1967.  His sentence included confinement at hard labor for 6 months.  The applicant was placed in the post stockade at Fort Carson to serve his confinement.  

In connection with a proposed separation action under the provisions of Army Regulation 635-212 for unfitness, on 5 March 1985 he received a neuropsychiatric evaluation and a medical examination which cleared him for separation.

On 3 April 1968, he consulted with legal counsel, and was informed of the impact of a less than fully honorable discharge.  He waived a hearing by a board of officers and declined to make a statement in his own behalf.

On 5 April 1968, his unit commander recommended that the applicant be eliminated under the provisions of AR 635-212, for unfitness.  The commander cited the applicant’s display of a definite pattern of nonconformance to military standards and discipline.  In addition, he had a total of 256 days during his current enlistment for periods of AWOL and confinement.  Numerous attempts had been made to rehabilitate him and all had met with failure.  

On the same day, the intermediate commander recommended approval with a UD.

On 25 April 1968, the separation authority approved his separation with a UD, under the provision of Army Regulation 635-212, by reason of unfitness, frequent incidents of a discreditable nature with civil or military authorities.

On 1 May 1968, the applicant was separated with a UD.  He had 3 months and 
9 days of creditable active service and 256 days of lost time due to AWOL, military confinement and excess leave.

Army Regulation 635-212, in effect at the time set forth the basic authority for the separation of enlisted personnel.  The regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness.  A UD was normally considered appropriate.

The applicant made application to the Army Discharge Review Board (ADRB) seeking a change in the characterization of the discharge.  On 8 May 1975, the ADRB denied his request finding the discharge process to be proper and equitable.

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 this requirement.

2.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

3.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

4.  His record of AWOL clearly showed that he was unwilling or unable to further perform his duties as a soldier consistent with Army standards for acceptable personal conduct and performance by military personnel.

5.  The Board determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  In fact, there is no evidence that the applicant ever submitted a request for a hardship discharge.  Rather, he saw fit to absent himself from his military duties and training.

6.  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

__mmd__  __aao___  __wdp___  DENY APPLICATION

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

INDEX

CASE ID	AR2000038981	
SUFFIX		
RECON		
DATE BOARDED	20001026	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19680425	
DISCHARGE AUTHORITY	AR 635-200/13	
DISCHARGE REASON	A68.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	A144.39	
2.	A123.06	
3.	A110.02	
4.	A71.00	
5.		
6.