MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  28 September 2000
	DOCKET NUMBER:  AR2000040086

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Ernest M. Willcher		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 discharge under honorable conditions be upgraded to an honorable discharge.

APPLICANT STATES:  That he served honorably for many years and made some childish mistakes.

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

That he enlisted in the Regular Army on 21 October 1955.  He was AWOL from Fort Polk, Louisiana, from 18 May 1956 until he was apprehended by civil authorities on or about 21 August 1956, in Bradford, Pennsylvania, 95 days later.  He was given a special court-martial on 3 October 1956 and sentenced to forfeiture of $30 a month for five months.  The applicant had originally been given emergency leave for 15 days due to the critical illness of his stepmother.  About the time that he arrived home, his stepmother died.  Previously, the applicant had been preparing for military leave to marry a woman whom, he said, was carrying his child.  The applicant telephoned his unit and requested a two day extension of his leave to get married.  The extension was granted and the applicant did get married but did not return to duty until he was apprehended.  The applicant became an Armor Crewman and advanced to the rank of Specialist Four (SP4) on 24 June 1958.

On 25 September 1958, he was honorably discharged for immediate reenlistment on 26 September 1958.  On 25 August 1961, he was honorably discharged for immediate reenlistment on 26 August 1961.  He rose to the rank of Specialist Five (SP5) (Temporary) (T), pay grade E-5, on 10 March 1959, and was laterally appointed to Sergeant (SGT) (T), pay grade E-5,on 25 November 1959.

On 5 September 1962, the applicant went AWOL and did remain so until he returned on 12 September 1962.  He was given a special court-martial on 
27 September 1962 and was sentenced to reduction to Private First Class (PFC), pay grade E-3.  On 6 October 1962, he again went AWOL for 15 days until 
20 October 1962.  On 24 October 1962, he applied for a hardship discharge.  He had remarried after a divorce from his first wife.  He then had a second wife with her four children from a former marriage, a fifth child by this second marriage, and support to provide his first wife and their child by that marriage.  He was not able to provide for his family and first wife and child on the pay he received in the Army as a pay grade E-5, so he went AWOL to find a better paying job.  He did apply to the Army Emergency Relief fund for assistance and received one $50 loan and one $50 grant but this temporary assistance did not resolve the issue of too much obligation and not enough steady income.  While he was AWOL, he did work for a moving company and received better pay.

The applicant’s request for a hardship discharge was approved on 25 October 1962 and he was so discharged on 5 November 1962 with a general discharge under honorable conditions.  He had served 1 year, 1 month, and 19 days on his last enlistment.  He had served a total of 6 years, 8 months, and 19 days.  He had received a Good Conduct Medal on 25 April 1960 and several marksmanship badges and a driver’s badge.  He had been reduced to Private, pay grade E-2, as a result of his last AWOL.

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.  While the Board has compassion for the applicant’s hardship of providing for his children and family, it cannot condone AWOL as a means to relieve income problems.  The characterization of discharge of a soldier is determined by the applicant’s military performance during the period of service from which he is being discharged.  During the applicant’s last period of service for which he received a hardship discharge, he was AWOL on two different occasions for a total of 22 days lost time.  The fact that he was a noncommissioned officer at the time of the first AWOL, makes that AWOL an even more serious offense.  Such conduct cannot be considered fully honorable. The Board does recognize that the applicant had three prior honorable discharges but they do not compensate for his AWOLs during his last period of enlistment.

2.  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___  ___dh__  ____ew___  DENY APPLICATION

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

INDEX

CASE ID	AR2000040086	
SUFFIX		
RECON		
DATE BOARDED	20000928	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19621105	
DISCHARGE AUTHORITY	AR 635-207 & AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.