MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         .

	BOARD DATE:             26 August 2003                  
	DOCKET NUMBER:    AR2003087726

	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. Raymond J. Wagner		Chairperson	
	Mr. Robert L. Duecaster		Member	
	Ms. Marla J. Troup		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 changed to a general, under honorable conditions discharge (GD).

APPLICANT STATES:  In effect, that he should have received a GD at time of his separation from the Army.  In support of his application, he submits a copy of his separation document (DD Form 214).

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

On 28 February 1966, he entered the Army for a period of 3 years.  He was trained and served in military occupational specialty (MOS) 11H (Infantry Direct Fire Crewman), and the highest rank he attained during his active duty tenure was specialist four (SP4).  His record documents no acts of valor, significant achievement, or service warranting special recognition.  

The applicant’s record does document an extensive disciplinary history that includes the following two convictions by special court-martial on the dates and for the offenses indicated:  9 May 1968, for being absent without leave (AWOL) from 18 August 67 to 25 April 1968; and 21 March 1969, for being AWOL from 
16 June 1968 to 13 February 1969.  The applicant also was AWOL from 
30 May 1969 to 3 February 1970. 

On 27 February 1970, the applicant’s unit commander notified him that a separation action was being initiated to eliminate him from the Army under the provisions of Army Regulation 635-212, for unfitness.  The commander stated that the basis for the separation action was the applicant’s repeated and lengthy periods of AWOL, excessive time lost in the service, resistance to authority and regulations, and a pattern of behavior which rendered him a complete loss to the service.

The applicant acknowledged receipt of the separation action notification and consulted legal counsel.  After being advised of the basis for the contemplated separation action, the effects of an UD, and of the rights available to him, he completed an election of rights.  In his rights election statement, the applicant waived his right to have his case considered by a board of officers.  He also waived his right to personally appear before a board of officers, and his right to consulting counsel.  Finally, the applicant elected not to submit a statement in his own behalf.  

On 13 April 1970, the separation authority approved the applicant’s discharge and directed that he receive an UD.  On 17 April 1970, the applicant was discharged accordingly.  At the time of his discharge, the applicant had completed a total of 8 months of creditable active military service, and he had accrued 904 days of time lost due to AWOL and confinement.  

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statue of limitations.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel who were found unfit or unsuitable for further military service. 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 UD 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, and it is concluded:

1.  As requested by the applicant, the Board considered his contention that he should have received a GD at the time of his separation from the Army.  However, it finds insufficient evidence to support this claim.  

2.  The evidence of record confirms that the applicant’s separation processing was accomplished in accordance with applicable regulations in effect at the time. The Board is satisfied that all requirements of law and regulation were met and that his rights were fully protected throughout the discharge process.  It also finds that the discharge accurately reflects his overall record of service and that it was appropriate based on his extensive record of misconduct.  

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

__RJW__  __MT__  __RLD _  DENY APPLICATION

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

INDEX

CASE ID	AR	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.