MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 August 2000
	DOCKET NUMBER:   AR2000039677

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Joe R. Schroeder		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 he has changed and at the time of his discharge he was not the responsible person that he is today.  In support of his appeal from an attorney dated 13 January 2000, and undated letter from the pastor of his church and an undated letter from a co-worker attesting to his post-service conduct.

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

On 2 December 1971, he enlisted in the Army for 3 years in the pay grade of 
E-1.  He successfully completed his training as an aircraft turbine engine repairman.  On 1 September 1972, he was promoted to the pay grade of E-4.

Nonjudicial punishment (NJP) was imposed against the applicant on 6 April 1973 for being AWOL from 13 March until 3 April 1973.  His punishment consisted of a reduction to the pay grade of E-2 and a forfeiture of pay.

On 30 April 1973, NJP was imposed against him for being AWOL from 19 April until 29 April 1973.  His punishment consisted of a reduction in pay grade, a forfeiture of pay and restriction.

A review of the available records show that the applicant was AWOL from 2 May until 20 May 1973, from 22 May until 1 June 1973, from 4 June until 10 June 1973 and from 19 June until 12 July 1973.  However, the record is void of any punishment being imposed against him.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Report of Transfer or Discharge, DD Form 214, indicates that the applicant was discharged on 19 July 1973 under the provisions of Army Regulation 635-200, chapter 13 for unfitness.  The commander cited an established pattern of shirking as the reason for the applicant’s discharge.  He had completed 1 year, 4 months and 17 days of total active service and he had 93 days of lost time due to AWOL.  He was issued an Undesirable Discharge Certificate.

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

Army Regulation 635-200, chapter 13, in effect at the time, established policy and provided guidance for eliminating enlisted personnel found to be unfit or unsuitable for further military service.  An individual could be found unfit for various types of misconduct that included frequent incidents of a discreditable nature with military authorities.  An undesirable discharge was normally considered appropriate.

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 post-service conduct has been noted by the Board.  However it not sufficiently mitigating to warrant the relief requested.

3.  The evidence of record clearly shows that the applicant was 93 days of lost time due to AWOL.  In view of the applicant's numerous acts of indiscipline, it does not appear that his UD was too severe.

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

__jrs____  ___sac __  __be____  DENY APPLICATION

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

INDEX

CASE ID	AR2000039677	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/08/31	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1973/07/19	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	583	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  651	144.6300	
2.  656	144.6400	
3.		
4.		
5.		
6.