MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 April 2000
	DOCKET NUMBER:   AR1999029783

	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. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Roger Able		Member	
	Mr. 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 undesirable discharge be upgraded to general discharge under honorable conditions.

APPLICANT STATES:  That his discharge should be upgraded to general as he believes that his behavior at Fort Lewis was of honorable conditions.  He states that he was on his way overseas and regrets missing his transportation to Vietnam.  He adds that he did not receive his discharge in a timely manner; therefore, he had no transportation home.  He began hitchhiking home to Virginia and reported in good faith to Fort Belvoir, Virginia.  He now is suffering from cirrhosis of the liver and would like to resolve this problem for his family’s sake.

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

He was inducted on 21 August 1969 and, after training, was assigned to Fort Lewis, Washington.

On 25 September 1969, while undergoing basic training, the applicant was administered nonjudicial punishment (NJP) under Article 15, UCMJ, for failing to report to his appointed place of duty.

On 12 March 1970, the applicant requested permissive reassignment from Fort Lewis to Fort Belvoir, Virginia.  His request was denied on 4 April 1970 for insufficient justification.

On 5 August 1970, he was administered NJP for being disrespectful in language toward an NCO.  His punishment included reduction in rank from private first class (E-3) to private (E-2).

On 7 October 1970, the applicant went AWOL en route to an overseas replacement station to Vietnam.  He was returned to military control at Fort Belvoir on 4 December 1970.

On 5 February 1971, the applicant was tried by a special court-martial and found guilty of two specifications of AWOL from 7 October 1970 to 5 November 1970, and from 14 November 1970 to 4 December 1970.  He was sentenced to forfeiture of $50.00 and reduced in grade to private (E-1).

On 17 May 1971, he again went AWOL en route to an overseas replacement station to Vietnam.  He remained absent until 31 May 1971, when he was returned to military control at Fort Belvoir.

On 16 August 1971, the applicant’s commander recommended he be discharged for unfitness under the provisions of Army Regulation 635-212.  The applicant consulted with counsel and waived consideration by a board of officers.  He acknowledged that he might expect to encounter substantial prejudice in civilian life if issued a discharge under other than honorable conditions, and that he may be ineligible for many or all benefits as a veteran under both federal and state laws.  He declined to submit a statement in his own behalf.

On 25 August 1971, the separation authority, a major general, approved the recommendation and directed the applicant be issued an Undesirable Discharge Certificate.

The applicant was discharged on 27 September 1971 with 1 year, 7 months and 15 days of creditable service and 172 days of time lost.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the elimination of enlisted personnel.  The regulation provided, in pertinent part, that an individual was subject to separation for unfitness because of frequent incidents of a discreditable nature with civil or military authorities.  When separation for unfitness was warranted, an undesirable discharge was normally considered appropriate.

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

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 administrative separation was accomplished in compliance with applicable regulations, with no indication of procedural errors which would tend to jeopardize his rights.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

2.  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 the aforementioned requirement.

3.  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

__wtm__  ___ra____  __mvt ___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029783	
SUFFIX		
RECON		
DATE BOARDED	20000420	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19710927	
DISCHARGE AUTHORITY	AR635-212	
DISCHARGE REASON	A51.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.