MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 May 2002
	DOCKET NUMBER:   AR2002067661

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Paula Mokulis		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 discharge be upgraded to general under honorable conditions.

APPLICANT STATES:  That he had personal family problems at the time.  He did stockade time and forfeited pay.  He provides no supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records are not available.  Information contained herein was obtained from alternate sources.

The applicant was inducted into the Army on 26 March 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was assigned to Vietnam on or about 2 September 1968.

On 3 November 1968, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for sleeping during guard duty.  

The applicant apparently received emergency leave due to marital problems and never returned to Vietnam.  On 2 July 1969, he was convicted by a special court-martial of being absent without leave (AWOL) from 4 April to on or about 20 May 1969.  He was sentenced to confinement at hard labor for 6 months and to forfeit $55.00 pay for 6 months.  He was confined at the Fort Riley, KS Correctional Training Facility.  Upon release, he was assigned to Fort Riley, KS.

The applicant apparently began to experience financial difficulties, renewed difficulties with his wife, and disappointment over a failure to be promoted.  He departed AWOL.  On 29 June 1972, he was convicted by a general court-martial of being AWOL from 9 March 1970 to on or about 23 May 1972.  He was sentenced to confinement at hard labor for 8 months and to be discharged with a bad conduct discharge.  On 16 June 1972, the Secretary of the Army remitted the confinement in excess of six months.  On 18 August 1972, the U. S. Court of Military Review approved the findings of guilty and the sentence.  The U. S. Court of Military Appeals granted the applicant’s petition for review and on        22 November 1972 he was returned to duty pending completion of the appellate review.  

The appellate review action is not available.  The applicant’s Report of Separation, DD Form 214, is not available.  According to his application, he separated on 26 November 1973.

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 and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2.  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

_RVO___  ___JPI__  __PM____  DENY APPLICATION

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

INDEX

CASE ID	AR2002067661	
SUFFIX		
RECON		
DATE BOARDED	2002/05/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	105.00	
2.		
3.		
4.		
5.		
6.