MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 September 2001                   
	DOCKET NUMBER:   AR2001059950

	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. Luther L. Santiful		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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 10 days of absence without leave (AWOL) be changed to 10 days of sick leave, that his summary court-martial for that period of AWOL be vacated and all rights and privileges be restored; that all interested agencies be notified of the correction; and that a corrected Report of Separation be prepared.  He makes no monetary claim.

APPLICANT STATES:  In a letter to President Clinton, that upon returning from Korea on his way to Officer Candidate School (OCS) at Fort Riley, KS his plane brought him to Sacramento, CA on 5 March 1948.  He had a class starting date of 11 March 1948.  While in Sacramento, he asked a cab driver to take him to a good restaurant.  The driver dropped him off in a sleazy part of town.  He stopped at a bar and grill, bought food and a drink and took an empty booth.  He went to the restroom and when he returned a woman was seated at his booth.  His drink was drugged.  He next recalled being helped into a cab where he passed out.  He woke up somewhat to find himself being robbed.  Two police officers were in the area but when he called for help they arrested him.  Somehow he got to the Air Force Base but he was still very sick from the drug.  He made it to OCS but did not feel well and asked to be deferred.  His request was denied.  He recalls that prior to his absence he was in town and had two or three beers.  Amnesia set in and the next thing he knew he was in St. Louis, MO. He then hitchhiked to Alexandria, LA, then to San Antonio, TX, never realizing where he had come from.  The amnesia was brought on by the aftereffects of the drugging in combination with the moderate amount of alcohol and the lingering effects of brain damage due to several concussions he received during World War II.  After a few days he realized where he should be and returned.  He was still suffering from the drugging and he was not prepared to defend himself during the court-martial.  He was reluctant to request a correction of records over the years because the events were a devastating part of his life that he did not want to recall or relive.  

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

He enlisted in the Army National Guard in 1938 and in the Regular Army in 1940. His awards during World War II included the Distinguished Service Cross and  the Purple Heart with three oak leaf clusters.  He departed Korea on or about     29 February 1948 for OCS at Fort Riley, KS.

On 6 May 1948, the applicant was convicted by a summary court-martial of being AWOL from 22 April to on or about 1 May 1948.  He was sentenced to be reduced to the grade of private and to forfeit $50 pay.  The charge sheet noted that the applicant did not object to trial by court-martial.  

The applicant’s Report of Separation, WD AGO Form 53, for the period ending    2 December 1949 shows that he had 9 days of lost time.

The applicant retired on 31 July 1962 in the rank of Sergeant First Class, E-7.  His Report of Separation, DD Form 214, for the period ending 31 July 1962 does not show he had 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.  The Board notes the applicant’s exemplary record of service both before and after the AWOL which led to his court-martial.  Unfortunately, too long a period of time has elapsed for the Board to determine the facts of the case.  The only evidence available to support his contention is his own statement.  In the absence of evidence to the contrary, it is presumed that the charges were properly investigated and preferred and that the court-martial proceedings were conducted in accordance with law and regulations applicable at the time.

2.  Regrettably, 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

__lls___  __mhm___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001059950	
SUFFIX		
RECON		
DATE BOARDED	20010906	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.	123.01	
3.		
4.		
5.		
6.