MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 March 2001                   
	DOCKET NUMBER:   AR2001051488

	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. Roger W. Able		Chairperson	
	Mr. Allen L. Raub		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 dishonorable discharge be upgraded to honorable and all his benefits be restored.

APPLICANT STATES:  That his crime was not violent, he simply was absent without leave (AWOL) for a prolonged period.  He was sentenced to jail time.  He thinks the sentence was too severe for the crime.  Many people were granted amnesty for crimes during the Vietnam era.  He provides no supporting evidence.

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

He enlisted in the Regular Army on 17 October 1969.  He completed basic combat training but not advanced individual training.

On 2 April 1973, the applicant requested discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10.  The appropriate authority found that to grant such a request would not be in the best interest of ensuring justice and preserving discipline in the Army and denied his request.

On 20 April 1973, the applicant was convicted by a general court-martial of AWOL from 4 January – 10 June 1970 and 6 July 1970 – 2 March 1973.  He was sentenced to forfeit all pay and allowances, to be confined at hard labor for 4 months, and to be dishonorably discharged.  

On or about 9 August 1973, the applicant’s sentence was affirmed.

On 31 October 1973, the applicant was discharged with a dishonorable discharge pursuant to his sentence by court-martial.  He had completed 6 months and 16 days of creditable active service and had 992 days of lost time.

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.  Considering the length of AWOL, trial by court-martial was warranted by the gravity of the offenses charged.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

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

__rwa___  __gjw___  __alr___  DENY APPLICATION

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

INDEX

CASE ID	AR2001051488	
SUFFIX		
RECON		
DATE BOARDED	20010327	
TYPE OF DISCHARGE	DD	
DATE OF DISCHARGE	19731031	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.