MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:      

		BOARD DATE:           30 September 2003
		DOCKET NUMBER:  AR2003091007

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret V. Thompson		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:  That his discharge under other than honorable conditions be upgraded to a general discharge.

APPLICANT STATES:  That he was unfairly treated by his commander, who gave him the wrong date to report.  When he did report, orders had been left at the gate to retrieve his identification card and he was unable to talk to the commander.  It was not until years later that he received his discharge under other than honorable conditions.  He goes on to state that there is nothing in his military records to justify such a discharge. 

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

He enlisted in Cleveland, Ohio, in the United States Army Reserve (USAR) on 13 February 1980.  He was ordered to initial active duty for training on 16 May 1980 and was transferred to Fort Sill, Oklahoma, to undergo his basic combat training (BCT).  He completed his BCT and was transferred to Fort Leonard Wood, Missouri, to undergo his advanced individual training (AIT) as a light wheel vehicle and power generator mechanic.  

On 12 September 1980, while still in AIT, nonjudicial punishment was imposed against him for being absent without leave (AWOL) from 1 September to 8 September 1980 and for failure to go to his place of duty on 31 August 1980.  His punishment consisted of a forfeiture of pay, extra duty and restriction.

He completed his AIT and was honorably released from active duty for training on 15 October 1980.  He had served 4 months and 23 days of total active service and had 7 days of lost time due to AWOL.  He was returned to his USAR Unit in Parma, Ohio.

On 17 November 1980, the applicant's commander dispatched a Letter of Instruction (LOI) to the applicant by Certified Mail, which notified the applicant that he had unexcused absences for the Unit Training Assemblies (UTA) for 15 and 16 November 1980.  The LOI was returned to the unit unclaimed.

On 16 December 1980, the commander again dispatched a LOI for unexcused absences from the UTA of 13 December 1980.  Again, the Certified Letter was unclaimed and was returned to the unit.

Certified Letters were also mailed in January 1981, which by this time totaled eleven unexcused absences. 

On 13 July 1981, the commander notified the applicant that he had been declared an unsatisfactory participant and that he was recommending that his case be considered by a board of officers to determine if he should be separated for misconduct.  He also informed the applicant that if he was separated he could be separated under other than honorable conditions.  

On 19 September 1981, the commander authored a statement to the effect that the applicant was a non-locatee, since all attempts to locate him at his address and phone number had been negative.

On 2 November 1981, the commander initiated a request to discharge the applicant for misconduct due to unsatisfactory participation.  He provided the copy of the notification to the applicant that was sent to the applicant and was returned unclaimed as part of his request.

The actual facts and circumstances surrounding his discharge are not present in the available records.  However, his records do contain orders which show that he was reassigned from his Troop Program Unit on 2 June 1982 for unsatisfactory participation and was reassigned to the USAR Control Group (Annual Training).  On 21 April 1987, he was discharged from the USAR under other than honorable conditions, under the provisions of Army Regulation      135-178.

At the time of his application to the Board, the applicant was incarcerated in the Marion Correctional Institution in Marion, Illinois.

There is no indication in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.

Army Regulation 135-178 serves as the authority for the separation of enlisted personnel in the USAR and the Army National Guard.  The regulation in effect at the time provided that personnel discharged under chapter 7, for misconduct or other patterns or acts of conduct would be discharged under other than honorable conditions. 

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 must be presumed that the applicant’s administrative discharge under the provisions of Army Regulation 135-178 was administratively correct and in conformance with applicable regulations. 

2.  Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.

3.  The applicant's contentions have been noted by the Board; however, they are not supported by the evidence of record.  Numerous attempts were made by the chain of command to contact the applicant, to no avail, regarding his failure to participate and his contractual obligations.  The applicant simply stopped participating after completing his initial entry training and amounted to his being AWOL for the remainder of his contractual obligations.

4.  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.

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

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2003091007	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/09/30	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1987/04/21	
DISCHARGE AUTHORITY	AR135-178 	
DISCHARGE REASON	MISCONDUCT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  626	144.6000/A60.00	
2.		
3.		
4.		
5.		
6.