MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 July 2002
	DOCKET NUMBER:   AR2002071685

	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. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Donald P. Hupman, Jr.		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:  Reconsideration of her request for an upgrade of her discharge from undesirable to general.

APPLICANT STATES:  That her discharge was unduly harsh punishment for being absent without leave (AWOL) for one day.  Also, she does not recall any summary court-martial.  She is a changed person now.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of her case on 5 April 2001 (docket number AR2000047723).

A Charge Sheet, DD Form 458, dated 2 July 1963 charged the applicant with being absent from her unit from 5:00 p. m. 1 July to 7:00 a. m. 2 July 1963.  She signed the form, consenting to trial by summary court-martial.  

The applicant provides a 20 January 1999 letter from the Heritage Craft Center of the Eastern Panhandle, Incorporated indicating she agreed to perform 10 hours of basic woodcarving instruction; a 19 June 2001 letter from the Assistant Superintendent of the Martinsburg Union Rescue Mission, Incorporated; a         12 December 2001 letter from a secretary with the Martinsburg, WV Department of Veterans Affairs; and a 10 December 2001 letter from a retired first sergeant who has known her for 20 years as character witness statements.

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 evidence of record shows the applicant was not separated because she had one day of AWOL.  She was recommended for separation for unfitness before she went AWOL because she was consorting with a known married man (before he was divorced and they married) and because she had been identified as being involved in barracks larceny.  

2.  The evidence of record shows that she consented to trial by court-martial.

3.  The Board has considered the character witness statements provided by the applicant; however, they do not warrant granting the relief requested.

4.  The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.

5.  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

__FNE__  __MHM__  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2002071685	
SUFFIX		
RECON		
DATE BOARDED	2002/07/16	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1963/07/09	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	A50.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.