MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 December 2000                   
	DOCKET NUMBER:   AR2000046640

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Ms. Gail J. Wire		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 bad conduct discharge be changed to an administrative discharge under the provisions of Army Regulation 635-208 (unfitness).

APPLICANT STATES:  That he was only 17 years old when he entered the service.  His father died when he was 11 and his brothers and sisters were all married, leaving only him and his mother.  His mother soon became seriously ill and she tried to get him out of the service.  He went absent without leave (AWOL) after basic training because she needed him to return home.  The last time he went AWOL he was at Fort Campbell, KY.  He knew some individuals who had heard they would not get their 208 discharges and they were going to leave so he went with them.  They returned a few days later and he turned himself in a short time after that.  The others got their 208, he got court-martialed. He takes full responsibility for his actions.  In 1976, he received a rehabilitation certificate from the Department of Labor.  He is an ordained pastor.  He loves his country and would be willing to serve it at any cost.

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

He volunteered for induction on 2 August 1962.

On 13 February 1963, the applicant was convicted by a special court-martial of being AWOL from 2 to 6 November 1962 and from 23 November 1962 to          14 January 1963.  He was sentenced to confinement at hard labor for 6 months and to forfeit $50.00 pay per month for 6 months.

On 10 July 1963, the applicant was convicted by a special court-martial of being AWOL from 13 May to 11 June 1963.  He was sentenced to confinement at hard labor for 3 months and to forfeit $52.00 pay per month for 3 months.

On 6 November 1963, the applicant was convicted by a general court-martial of violating the conditions of his parole by absenting himself from his assigned quarters without permission from 25 August to 20 September 1963 and for being AWOL from 25 August to 20 September 1963.  He was sentenced to a bad conduct discharge, to forfeit all pay and allowances, to be confined at hard labor for 6 months, and to be reduced to the lowest enlisted grade.

On 27 December 1963, the Board of Review, United States Army affirmed the findings and the sentence.  

On 29 February 1964, the applicant was discharged with a bad conduct discharge pursuant to his court-martial sentence.  He had completed 11 months and 8 days of creditable active service and had about 235 days of lost time.

Title 10, U.S. Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.

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.  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.

2.  Trials by courts-martial were warranted by the gravity of the offenses charged. The Board notes that it appears that the applicant was being considered for an administrative discharge but he did not wait to learn the final outcome of that action before departing AWOL, while on parole, again.  Conviction and discharge resulting from his last period of AWOL were effected in accordance with applicable law and regulations.  Considering the number of AWOLs for which he had previously been convicted, the discharge appropriately characterizes the misconduct for which he was convicted. 

3.  The Board is cognizant of the applicant’s post service conduct but this factor does not warrant the relief requested.

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

__kak___  __ewl___  __gjw___  DENY APPLICATION

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

INDEX

CASE ID	AR2000046640	
SUFFIX		
RECON		
DATE BOARDED	20001221	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.