MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           17 October 2000
	DOCKET NUMBER:   AR2000043338

	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. Anita L. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Linda D. Simmons		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) be upgraded to an honorable discharge (HD).

APPLICANT STATES:  The applicant states, in effect, that he went AWOL on several occasions because his wife filed for divorce, took his two children, and ran off with another man.  In support of his contentions, he has submitted a copy of his divorce decree, dated 11 September 1968; and, several personal reference statements from friends.

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

On 14 September 1967 he was inducted into the Army of the U.S. for a period of 2 years. He successfully completed basic combat training at Fort Knox, Kentucky, and advanced individual training in military occupational specialty 
31M (Radio Relay & Carrier Attendant) at Fort Gordon, Georgia.  He was assigned to Fort Bragg, North Carolina, upon completion of training.

The applicant’s record documents that the highest permanent rank he held on active duty was private first class/E-3 and the record contains no documented acts of valor, achievement, or service warranting special recognition.

On 13 May 1968, at Fort Bragg, he was honorably discharged for the purpose of immediate reenlistment.  On 14 May 1968 he reenlisted in the RA for a period of 4 years and for his current duty assignment.  At the time of his reenlistment he held the rank of private first class/E-3 and had completed 8 months of prior active honorable service.

On 18 September 1968 he was convicted by a special court-martial (SPCM) for violation of the Uniform Code of Military Justice, Article 86, absent without leave (AWOL) from 20 August 1968 to 9 September 1968.  He was sentenced to confinement at hard labor for 6 months; a forfeiture of $73 pay per month for
6 months; and, a reduction to the grade of private/E-1.  The approval authority approved only so much of the sentence as provided for confinement at hard labor for 4 months and 15 days; hard labor without confinement for 45 days; a forfeiture of $73 pay per month for 6 months; and, a reduction to private/E-1.  The portion of the sentence that provided for confinement for 4 months and 
15 days was suspended for 6 months.

On 14 January 1970 he was convicted by a SPCM for three subsequent periods of AWOL, for a total of 164 days.  He was sentenced to confinement at hard labor for 4 months and reduction to private E-1.

On 20 January 1970 his commanding officer initiated action to discharge him under the provisions of Army Regulation 635-212 by reason of unfitness - frequent incidents of a discreditable nature with military authorities.   

On 27 January 1970 the separation authority approved the applicant’s discharge and issuance of an Undesirable Discharge Certificate, DD Form 258A. Accordingly, he was discharged on 30 January 1970 after completing 1 year, 
1 month, and 13 days active military service, and accruing 185 days lost due to AWOL.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 6a(1) of 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.

On 17 May 1972 the Army Discharge Review Board reviewed and denied the applicant’s request for an upgrade of his discharge.

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 discharge proceedings were conducted in accordance with law and regulations applicable at the time.  In view of the applicant’s offenses, it does not appear that his UD was too severe.

2.  While the Board is empathetic with regards to the applicant’s troubled marriage and subsequent divorce, the Board found that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct which led to the separation action.

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 failed to submit evidence that would satisfy this 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

__BJE___  __LDS__  ___RVOC  DENY APPLICATION

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

INDEX

CASE ID	AR2000043338	
SUFFIX		
RECON		
DATE BOARDED	20001017	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19700130	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	Unfitness – Frequent Involvement	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 	144.9307.0000	
2. 	144.0100.0000	
3. 		
4. 		
5.		
6.