MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  26 October 2000
	DOCKET NUMBER:  AR2000043477

	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. Lee Cates		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 records be expunged of the statement that he had “18 Days Lost Under AW 107”, because he feels he was unjustly accused of being AWOL (Absent Without Leave) for 18 days.

APPLICANT STATES: That his brother committed suicide on 12 November 1941 and that he requested and was granted compassionate leave to attend the funeral until 19 November 1941.  His first sergeant advised him that upon completion of field training the unit would be granted a 30-day furlough and that his would be sent to him at his leave address.  Upon completion of his authorized leave, he waited for notification of his 30-day furlough.  He submits a list of issues as reasons he believes his discharge should be upgraded to honorable.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from documentation submitted by the applicant.

On 29 June 1939, he enlisted in the Regular Army for 3 years.  He completed his required training and was awarded military occupational specialty 521 (Basic Field Artillery).  He attained the rank of corporal.

During the period 12 to 19 November 1941, he was on authorized leave to attend the funeral of his brother, in Rhode Island.  He did not return to his unit at that time.

During the period 20 November to 7 December 1941, he was absent without leave.

Upon his return, his commander gave him the choice of a court-martial or nonjudicial punishment (NJP).  The applicant chose NJP and his punishment was a reduction in rank to private and forfeiture of 18 days pay.

He was appointed first sergeant on Special Orders dated 10 December 1943.

During the period 2 March to 8 June 1945, he served in the European-African-Middle Eastern Theater of Operations.

The applicant continued to serve and was honorably discharged from active service on 29 September 1945, in the rank of first sergeant.  His separation document indicates he had 6 years, 3 months and 1 day of creditable service and 18 days of lost time.  He was entitled to award of the Good Conduct Medal, the American Defense Service Ribbon, the European-African-Middle Eastern Service Ribbon with one Bronze Service Star (Central Europe). 

Army Regulation 635-5 (Personnel Separation Documents) indicates in pertinent part, that the separation document is a synopsis of the soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

The Maximum Punishment Chart of the Manual for Courts-Martial indicates the punishment for being AWOL for more than 3 and less than 30 days is 6 months confinement and forfeiture of 2/3 pay per month for 6 months.

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 evidence of record shows the applicant was AWOL during the period     20 November to 7 December 1941 and accepted NJP for that misconduct.  There is no evidence he appealed the punishment.

2.  The applicant’s voluntary request for NJP to avoid trial by court-martial was administratively correct and in conformance with applicable regulations.  There is no evidence that the request was made under coercion or duress.

3.  Based on the evidence submitted by the applicant, the AWOL is properly annotated in his records, and for other than the reasons he provided he has not justified removal of the AWOL record.  He chose to request NJP rather than risk the consequences of a court-martial.  Although he may now feel that he made the wrong choice 60 years ago, he should not be allowed to change his mind at this late date. 

4.  There is no error or injustice in the entry on his separation document.

5.  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.

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

__md____  __ao_____  __wp___ DENY APPLICATION

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

INDEX

CASE ID	AR2000043477	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001026	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.110	Expunge 18 days lost time (AWOL)	
2.		
3.		
4.		
5.		
6.