MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 AUGUST 2003                  
	DOCKET NUMBER:   AR2003086497

	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. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Linda M. Barker		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 (bad conduct discharge) be upgraded to honorable or general.  

APPLICANT STATES:  That at that time his wife wrote him that she was divorcing him.  He left without permission to get his car.  He was young and did not realize the ramifications of his actions.

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

The applicant was born in December 1946.  He was inducted into the Army on  18 October 1966, completed training, and in March 1967 was assigned to Germany as a Pershing Missile crewman.  In July 1967 he was promoted to pay grade E-4. On 15 August 1968 he was discharged with an honorable discharge, reenlisting the next day for three years.

On 9 January 1969 the applicant received nonjudicial punishment under Article 15, UCMJ, for one day of AWOL.  On 26 February 1969 he received nonjudicial punishment for violating a lawful general regulation.  In March 1969 he returned to the United States and was assigned to Fort Sill.  On 5 April 1969 he received nonjudicial punishment for AWOL from 1 April 1969 until 4 April 1969 and for failure to go to his place of duty.  On 14 April 1969 he was attached to an artillery battalion at Fort Chaffee, Arkansas.

On 12 October 1970, before a general court-martial which convened at Fort Sill, Oklahoma, the applicant was arraigned, tried, and found guilty of AWOL from    31 July 1969 until 1 October 1969 and from 18 October 1969 until 29 July 1970.  He was sentenced to be discharged from the Army with a bad conduct discharge, to forfeit all pay and allowances, to be reduced to the grade of private E-1, and to be confined at hard labor for ten months.  

On 6 November 1970 the Staff Judge Advocate reviewed the record of trial and determined that the sentence was legally correct.  The sentence was approved by the convening authority.  The applicant was confined at the United States Disciplinary Barracks at Fort Leavenworth, Kansas.

A 9 December 1970 report of a psychiatric examination indicates that the applicant was diagnosed as having an inadequate personality, chronic and moderate, manifested by ineffectual responses to social and intellectual 

demands and difficulty with judgment under stress.  The applicant was alert, oriented, cooperative, and had a good memory.  Intellectual functioning appeared within the normal range.  There were no abnormal mood swings, and the affect was appropriate to the thought content.  Judgment appeared defective under stress.  Insight was minimal.  There were no indications of hallucinations or delusions.

On 7 January 1971 the United States Army Court of Military Review found the findings of guilty and sentence as approved correct in law and fact, but modified the confinement at hard labor to confinement for six months, and the forfeiture of all pay and allowances to forfeiture of $60.00 per month for six months.  The sentence as modified was affirmed.

An undated report of medical examination does not indicate that the applicant had any medical problems.  In a 4 March 1971 report of medical history the applicant stated that his health was good.

The applicant was discharged on 4 March 1971. He had 2 years, 9 months, and 20 days of service, and 575 days of lost time.  

Army Regulation 635-200 provides for the discharge of enlisted soldiers, and states in pertinent part that a soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial.  The appellate review must be completed and the affirmed sentence ordered duly executed.

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 applicant's contention that he was young and immature at the time is not sufficiently mitigating to warrant relief. The Board notes that the applicant had completed his training and had served in Germany for two years prior to his first AWOL.  He was 22 years of age at that time.

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

__RVO__  __JEA  __  __LMB __  DENY APPLICATION

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

INDEX

CASE ID	AR2003086497	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030814	
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.