MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            1 July 2003                  
	DOCKET NUMBER:    AR2003084898

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Ted Kanamine R 		Chairperson	
	Mr. Melvin H. Meyer 		Member	
	Ms. Karen Y. Fletcher		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:  In effect, that his undesirable discharge (UD) be upgraded. 

APPLICANT STATES:  In effect, that his being absent without leave (AWOL) was due to his divorce.  He states that was granted a compassionate leave and subsequently returned to complete his tour in the Republic of Vietnam (RVN).  He states that he served his country and participated in a combat, and he feels he is deserving of an upgrade to his discharge on those grounds.  In support of his application, he submits three letters of support and his separation document (DD Form 214).

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

On 5 December 1967, the applicant was inducted into the Regular Army.  He successfully completed training and was awarded military occupational specialty (MOS) 13A (Field Artillery). 

The applicant’s records reveal no acts of valor, significant achievement, or service warranting special recognition, and the highest rank he attained while on active duty was private first class/E-3.  However, does reveal a disciplinary history that includes his acceptance of nonjudical punishment (NJP) for failure to obey the order of a commissioned officer, and his conviction of being AWOL, from 17 September 1968 to 7 October 1968, by a special court-martial.  

The record also shows that the applicant again went AWOL from 27 July 1969 to 19 October 1969.  While he was in this AWOL status, he was arrested by civil authorities for the crime of second degree burglary.  On 9 September 1969, he was convicted of this office by a civil court in Yakima, Washington.

On 3 November 1969, after failing to report to his new duty station, the applicant was again declared AWOL.  He remained away until being returned to military control and was placed in confinement at the Personnel Control Facility (PCF), Fort Lewis, Washington, on 10 December 1969.  

On 21 May 1971, while he was still confined,  the applicant’s unit commander initiated separation action against him under the provisions of Army Regulation 635-206, by reason of civil conviction.  After acknowledging receipt of the separation action, the applicant waived consideration of his case by a board of officers, waived representation by legal counsel, and he elected not to submit statements in his own behalf. 

On 14 June 1971, the separation action was approved by the appropriate authority.  On 19 June 1971, the applicant was discharged from the Army with an UD.  At the time of his discharge, he had completed a total of 2 years of creditable active military service, and he had accrued 554 days of time lost due to AWOL and confinement.  

On 15 October 1976, the Army Discharge Review Board determined the applicant’s discharge had been proper and equitable and denied his request for an upgrade.

The letters of support submitted by the applicant attest to his good  post service conduct and achievements.

Army Regulation 635-206, in effect at the time, set forth the basic authority for separation of enlisted personnel.  Paragraph 33 of the regulation provided, impertinent part, that members convicted by civil authorities would be considered for separation.  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.  The Board notes the contention of the applicant that his discharge should be upgraded due to the circumstances surrounding his being AWOL, based on his record of combat service, and given his post service good conduct.  However, it finds these factors are not sufficiently mitigating to warrant the requested relief. 

2.  The Board is satisfied that the applicant’s discharge was accomplished in accordance with the applicable regulations in effect at the time, and that his rights were fully protected throughout the separation process.  Finally, the Board concludes that the applicant’s discharge accurately reflects his overall record of service and was appropriate given his acts of misconduct and undistinguished record of service.

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 this 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

KF___  __MM__  _TK_  DENY APPLICATION

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

INDEX

CASE ID	AR2003084898	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE		
DATE OF DISCHARGE	19710619	
DISCHARGE AUTHORITY	AR 635-206.  .  .  .  .  	
DISCHARGE REASON	Civil Conviction	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 818	144.9228	
2. 811	144.9221	
3. 841	144.9307	
4.		
5.		
6.