MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           24 OCTOBER 2002                   
	DOCKET NUMBER:   AR2002068777

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen A. Heinz		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 corrected by upgrading his discharge.  

APPLICANT STATES:  The applicant states that he served honorably for over 
5 years, and needs his discharge upgraded so he can obtain medical services.  In support of his request the applicant submits copies of a May 1966 discharge certificate, a December 2001 medical note, and his August 1967 DD Form 214 (Armed Forces of the United States Report of Transfer or discharge).  

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

The applicant initially enlisted in the Regular Army on 7 June 1960, for a period of 3 years.  He was honorably discharged on 28 May 1963.  His DD Form 214 indicates he had 2 years, 11 months and 22 days of creditable service.

On 20 January 1965, he reenlisted in the Regular Army for a period of 3 years, in the pay grade of E-2.

On 7 June 1967, the applicant was convicted, pursuant to his pleas, by a general court-marital of three specifications of desertion from 25 April 1966 to 17 August 1966, 26 August 1966 to 29 December 1966, and from 29 January 1967 to 
29 March 1967.  He was also convicted of two specifications of escaping from lawful confinement on 26 August 1966 and 29 January 1967.  He was sentenced to a bad conduct discharge and confinement at hard labor for 6 months.  

His sentence was approved on 11 July 1967 and affirmed by the Board of Review of the Office of The Judge Advocate General on 31 July 1967.

On 18 August 1967, the unexecuted portion of his sentence of confinement at hard labor was remitted, and he was discharged under conditions other than honorable.  His DD Form 214 indicates he had 1 year, 5 months and 15 days of creditable service and over 200 days of lost time.  

The applicant submits a medical note from a psychologist dated 19 December 2001, which shows he is seeking medical services, the reason for his requested upgrade.  He also submits a copy of an honorable discharge certificate dated 
30 June 1966.   

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.  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.

2.  There is no evidence in the available records to explain the 30 June 1966 discharge certificate submitted by the applicant.  It is unclear to the Board why he would have been issued a discharge certificate during a time when he was absent without leave.

3.  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 that requirement.

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

__RVO __  __BJE __  __KAH __  DENY APPLICATION

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

INDEX

CASE ID	AR2002068777	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021024	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.