MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 January 2001                   
	DOCKET NUMBER:   AR2000046879

	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:

	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:  That his records be found and his discharge be upgraded.

APPLICANT STATES:  The applicant makes no further statement and provides no supporting evidence.

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

He was inducted into the Army on 31 January 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

The applicant’s Enlisted Qualification Record, DA Form 20, shows that he departed absent without leave (AWOL) from 16 July – 5 August 1968.  There is no evidence of record to show if any disciplinary action was taken.  It appears from a Federal Bureau of Investigation report that the applicant had been arrested for burglary and larceny on 5 August 1968.

On 15 November 1968, the applicant was convicted by a special court-martial of being AWOL from on or about 9 August to on or about 14 October 1968.  His approved sentence was to be reduced to pay grade E-1, to be confined at hard labor for 3 months (suspended for 3 months) and to forfeit $50.00 pay per month for 3 months.  

On 19 June 1969, the applicant was confined to the Arkansas State Prison Farm in Grady, AR after he had been convicted of armed robbery and two counts of burglary and had been sentenced to three years imprisonment on each count.

On 31 July 1969, the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-206 for misconduct, conviction by a civil court.

On 2 August 1969, the applicant waived consideration of his case by a board of officers, waived representation by counsel, and elected not to submit a statement in his own behalf.

Three documents from the Circuit Court of Pulaski County, AR dated 27 August 1969 show that the applicant withdrew a previous plea of not guilty to two charges of burglary and one of robbery and entered a plea of guilty.  The Court assessed punishment at a sentence of three years imprisonment for each count.

On 10 October 1969, the appropriate authority approved the recommendation and directed the applicant receive an Undesirable Discharge Certificate.

On 15 October 1969, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-206 for civil conviction with an undesirable discharge.  He had completed 4 months and 3 days of creditable active service.  His Report of Transfer or Discharge, DD Form 214, shows that he had 150 days of lost time.

Army Regulation 635-206, in effect at the time, set forth the basic authority for the separation of enlisted personnel for misconduct (fraudulent entry, conviction by civil court, and absence without leave or desertion).  That regulation provided, in pertinent part, for the elimination of enlisted personnel for misconduct when they were initially convicted by civil authorities, or action taken against them which is tantamount to a finding of guilty, of an offense for which the maximum penalty under the Uniform Code of Military Justice is death or confinement in excess of 1 year.

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.  After a review of the applicant’s full and complete records, the Board concludes that his administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  Considering his previous record of AWOL and the offenses for which he was convicted by civil court, the type of discharge given was and still is appropriate.

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

__emw___  __amc___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2000046879	
SUFFIX		
RECON		
DATE BOARDED	20010111	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19691015	
DISCHARGE AUTHORITY	AR 635-206 	
DISCHARGE REASON	A61.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.