MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 March 2001
	DOCKET NUMBER:   AR2000046067

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Mr. Harry B. Oberg		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 period of absence without leave (AWOL) from 3 May 1997 to 2 June 1997 be corrected in his official military file (OMPF).

APPLICANT STATES:  That the period of AWOL in his OMPF is incorrect.  He states that he was dropped for the rolls (DFR) a week prior to returning to his unit.

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

The applicant entered the Army on 4 August 1994.  He was awarded military occupational specialty (MOS) 82C (Field Artillery Surveyor).  He was awarded the Army Good Conduct Medal and the National Defense Service Medal.  His highest rank attained was specialist.

While assigned to Fort Hood, Texas he went AWOL on 3 May 1997.  DD Form 553 (Deserter/Absentee by the Armed Forces) indicates the applicant was declared a deserter and DFR on 2 June 1997.  He was return to military control at the Personnel Control Facility, Fort Sill, Oklahoma on 3 June 1997.

The applicant was notified on 11 June 1997 of the charges preferred against him for being AWOL.  After consulting with counsel he voluntarily submitted a request to be discharged for the good of the service in lieu of trial by court-martial.

The request for discharge was approved by the appropriate authority and on 
29 October 1990 the applicant was discharged from the Army under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  He had served 
4 years and 15 days of total active service and had 30 days of lost time due to AWOL.

Army Regulation 630-10 establishes policies and procedures for reporting absences, establishes procedures for special category absentees, personnel dropped from the rolls, and the surrender of military personnel to civilian authorities.  It states that a soldier will be DFR when absent from his unit without authority for 30 consecutive days and will be declared a deserter.

Appendix A of Army Regulation 630-10 defines a deserter as a soldier DFR of his or her unit when absent without authority for 30 consecutive days.

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 applicant was declared a deserter and DFR in conformance with applicable regulations.

2.  The Board found no evidence to support the applicant’s contention that he returned to his unit one week prior to his being DFR.  Also, he has submitted no evidence to the contrary.

3.  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

___SK___  __EWL__  __HBO__  DENY APPLICATION

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

INDEX

CASE ID	AR2000046067	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010306	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	123.01	
2.		
3.		
4.		
5.		
6.