MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 April 2001
	DOCKET NUMBER:   AR2000050301

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas F. Baxter		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 undesirable discharge be upgraded to an honorable discharge.

APPLICANT STATES:  That he did serve his country and he needs to see if he can get benefits.

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

On 18 July 1973, he enlisted in the Army for 3 years in the pay grade of E-1 at Fort Polk, Louisiana and he successfully completed his training as a cook.  On 7 November 1973, he was transferred to Fort Bragg, North Carolina.

On 23 May 1974, nonjudicial punishment (NJP) was imposed against the applicant for being absent from his place of duty on 16 May 1974.  His punishment consisted in a reduction in pay grade, a forfeiture of pay and restriction.

A review of the records shows that the applicant was absent without leave (AWOL) from 2 October until 3 October 1974.

The applicant was convicted by a special court-martial on 16 December 1974, of being AWOL from 31 October until 27 November 1974.  His sentence consisted of confinement at hard labor and a forfeiture of pay.

He went AWOL again on 14 April 1975 and he remained absent until 18 April 1975.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Report of Separation, DD Form 214, indicates that the applicant was discharged on 23 April 1975, under the provisions of Army Regulation 635-200, chapter 13 for misconduct based on his frequent involvement of a discreditable nature with authorities.  He had completed 1 year, 7 months and 6 days of total active service and he had 62 days of lost time due to AWOL and confinement.  He was issued an undesirable discharge.

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unfitness.  Specific categories included minor infractions, a pattern of misconduct, involvement in frequent incidents of a discreditable nature with civil and military authorities, and commission of a serious offense.  An undesirable discharge was normally considered appropriate.
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.  The Board has noted the applicant’s contentions.  However, available records show that the applicant had 62 days of lost time due to AWOL and confinement.  He had NJP imposed against him and he was convicted by a special 
court-martial as a result of his misconduct.

3.  It appears that the type of discharge directed and the reasons therefor were appropriate considering all the facts of the case and in the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

___tb ___  ___jm___  ___wtm__  DENY APPLICATION

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

INDEX

CASE ID	AR2000050301	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/04/03	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1975/04/23	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	583	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  592	144.5100.0000	
2.		
3.		
4.		
5.		
6.