MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  11 January 2001
	DOCKET NUMBER:  AR2000043802

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman, Jr.		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:  In effect, that his discharge under other than honorable conditions be upgraded to a general discharge.

APPLICANT STATES:  In effect, that after so much discrimination, he still served honorably and willingly. 

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 3 February 1977 as a air defense artillery (ADA) short range gunnery crewman.

On 22 December 1977, he was punished under Article 15, UCMJ for being AWOL from 9 to 19 December 1977 (10 days).  His punishment consisted of a reduction to pay grade E-1, a forfeiture of pay, and 14 days restriction and extra duty.

On 6 January 1978, he was punished under Article 15, UCMJ for breaking restriction.  His punishment consisted of a forfeiture of pay and 14 days restriction and extra duty.

The applicant’s personnel records show that he was AWOL from 28 January 
to 26 February 1978 (30 days), 4 March to 8 April 1978 (35 days), 8 April 1978 to 9 March 1980 (700 days), 10 to 22  June 1980 (13 days), and from 24 June to 20 July 1980 (27 days) with no record of punishment imposed.

The facts and circumstances pertaining to the applicant’s discharge are not present in the available records.  However, his DD Form 214 shows that on 10 September 1980, he was discharged under the provisions of Army Regulation
635-200, chapter 14-33b(1), for misconduct-frequent incidents of a discreditable nature with civil or military authorities.  He was furnished an Under Other Than Honorable Conditions Discharge Certificate.  He had a total of 1 year, 4 months, and 13 days of creditable service and 815 days of lost time due to AWOL.

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor 
disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter. 

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 Board notes the applicant’s contentions; however, there is no evidence in the available records, and the applicant has provided no evidence, to support his contentions.

2.  The Board also notes the applicant’s extensive absences totaling 815 days during his period of service.  Such a quantity of absence is too serious to be excused or to warrant relief.

3.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no procedural errors, which would tend to jeopardize his rights.  

4.  The type of separation directed and the reasons for that separation were appropriate considering all of the facts of the case.

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

__ew__  __dh____  __ac______  DENY APPLICATION

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

INDEX

CASE ID	AR2000043802	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010111	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19800910	
DISCHARGE AUTHORITY	AR .635-200 C, 14-33	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.