MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 July 2002                  
	DOCKET NUMBER:   AR2002069865

	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	
	Mr. W. W. Osborn, Jr. .		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Kenneth W. Lapin 		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 honorable.

APPLICANT STATES:  He was absent without leave (AWOL) on four occasions. The longest was 90 days.  Other than those four incidents, he served his country honorably.  He was AWOL once because of his grandmother's death, the second time was when his child was born and the third time because he wanted to see his child.  He doesn’t recall the reason for the fourth one.  He asks the board for compassionate consideration.

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

He enlisted in the Regular Army for 3 years on 1 April 1968.  He was approximately 22 years old and enlisted with a guarantee of training as an automotive mechanic.  

The applicant completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 63B20 as a wheeled vehicle mechanic.  He was permanently assigned to the headquarters company of a Fort Carson, Colorado engineer battalion on 18 August 1968. 

A medical record shows that in April 1968, while the applicant was hospitalized for an acute respiratory infection, he requested emergency leave because his grandmother died.  The record does not indicate whether the request was granted.

On 6 January 1969, he was issued orders to the Overseas Replacement Station, Oakland, California.

On 14 May 1969 a special court-martial convicted him of AWOL from 9 October to 17 November 1968, from 18 November to 30 December 1968, from 14 January 1969 to 21 January 1969 and from 3 February to 29 April 1969.  His sentence consisted of confinement at hard labor for 4 months.

The details of his separation are not of record.  On 28 August 1969 the applicant was separated with an undesirable discharge under Army Regulation 635-212 for frequent involvement with civil or military authorities.  He had 11 months and 5 days of creditable service, 173 days AWOL and an indeterminate number of days lost due to confinement.  

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 6a(1) of the regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness.  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 the absence of evidence to the contrary, the Board presumes that the applicant's administrative separation was accomplished in compliance with applicable regulations.

2.  The applicant provided no substantiating evidence to validate his reasons for going AWOL.  He also provided no evidence or argument to demonstrate that AWOL was a reasonable solution to his personal problems.

3.  The misconduct of record clearly outweighs the fact that the record is virtually devoid of redeeming service. 

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__  __RTD__  __KWL___  DENY APPLICATION

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

INDEX

CASE ID	AR2002069865	
SUFFIX		
RECON		
DATE BOARDED	20020725	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19680828	
DISCHARGE AUTHORITY	AR635-212 .  .  .  .  .  	
DISCHARGE REASON	A51.00	
BOARD DECISION	NC	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.