MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 AUGUST 2003                  
	DOCKET NUMBER:   AR2003086229

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones II		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 discharge under conditions other than honorable be upgraded to honorable or general.   

APPLICANT STATES:  That he was led to believe that he could have his discharge upgraded after six months.  They could not find his medical records so he gave up trying to get his discharge upgraded until now.  He was having racial problems with his brothers and sisters at home and he believed that he was needed there.  He has various medical problems and needs medical attention.  The medical service he is now receiving is not the same nor as good as the military medical service.  He needs his discharge upgraded in order to get better care.   

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

The applicant enlisted for three years on 19 August 1970, completed basic combat training at Fort Dix, New Jersey, and in December 1970 was assigned to an infantry brigade at Fort Polk, Louisiana for advanced infantry training.  On     11 January 1971 the applicant went AWOL.  He returned to military control on   14 January 1971.  On 14 March 1971 he was hospitalized at the Army Medical Detachment, Naval Hospital, St. Albans, New York from a deserter status.  On   24 March 1971 he went AWOL.  He was apprehended by civil authorities and retuned to military control at Fort Dix on 16 June 1971.  

On 21 June 1971 the commanding officer of the Personnel Control Facility (PCF) at Fort Dix transmitted court-martial charges against the applicant, recommending trial by special court-martial.  Those charges showed that the applicant was AWOL from 11 January 1971 to 14 March 1971, and from            24 March 1971 to 16 June 1971.  

A Request for Absentee Records (AGPERSCEN Form 85) indicates that the applicant was absent from the Personnel Control Facility at Fort Dix from 1 July 1972 until his return to military control on 13 May 1974.  

Charge sheets were prepared against the applicant for his various periods of AWOL, and the commanding officer of Company A, PCF at Fort Dix transmitted court-martial charges against him to the commander of the PCF on 22 May 1974. There is, however, no indication that the charges were preferred against the applicant.  

The applicant was discharged on 29 January 1975 under conditions other than honorable under the provisions of Army Regulation 635-200, chapter 10.  He had 1 year, 5 months, and 13 days of service, and 1092 days of lost time.

There is no record of the applicant's discharge proceedings.  Orders issued by Fort Dix on 27 January 1975 show that he was discharged under the provisions of the above-cited authority.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge under other than honorable conditions is normally considered appropriate. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.

The maximum punishment for AWOL for more than 60 days authorized by the Manual for Courts-Marital is confinement at hard labor for six months, forfeiture of all pay and allowances, and a dishonorable discharge.

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, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The applicant has not provided evidence to the contrary.  The character of the discharge is commensurate with his overall record.  In view of the applicant's record of AWOL, the applicant's undesirable discharge is not considered overly harsh.  Had he elected trial by court-martial he could have received a dishonorable discharge and confinement at hard labor.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

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

__TSK __  __WDP  _  ___FCJ _  DENY APPLICATION

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

INDEX

CASE ID	AR2003086229	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030812	
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.