MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:  31 May 2000
	DOCKET NUMBER:   AR1999034309

	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
Ms. Stephanie Thompkins		Director
Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Stanley Kelley		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 (UOTHC) be upgraded to general.

APPLICANT STATES:  He went AWOL because his brother was killed in an accident. He went home, got a job and stayed there until the FBI came and got him.  He is married, has a good job and is a good law abiding citizen and votes every year.

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

He was inducted on 28 November 1966 as a private (E-1).

He was reported AWOL on 12 March 1967.  He remained AWOL until his apprehension by the FBI on 30 January 1968.

On 7 March 1968, a special court-martial convened for this AWOL.  He was found guilty and sentenced to 6 months hard labor.

A neuropsychiatric examination on 20 March 1968 found the applicant was mentally responsible, able to distinguish right from wrong and adhere to the right and that the applicant had no mental disease or affect sufficient to warrant disposition through medical channels.  It was recommended the applicant be separated from the service.

On 1 April 1968, his commander recommended he be eliminated from the service.  The commander states that the applicant had not finished any training and had no motivation to do so.  

On 14 May 1968, the applicant acknowledged receipt of the proposed elimination action and after consulting with legal counsel waived his rights to a trial by a board of officers and elected not to submit a statement in his own behalf.  The applicant also acknowledged he understood the effects of his separation and the type of discharge he would receive.

On 20 May 1968, the appropriate separation authority approved the applicant’s separation and waived further counseling and rehabilitation.  It was directed that he be issued an Undesirable Discharge Certificate.

He was discharged on 24 May 1968, under the provisions of Army Regulation 635-212, and issued an Undesirable Discharge Certificate.  He had a total of 1 year, 6 months and 4 days net active service and 353 days lost time.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 6a(1) of 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 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.  In view of the circumstances in this case, the applicant is not entitled to an upgrade of his discharge.  He has not shown error, injustice, or inequity for the relief he now requests.  

2.  The contentions of the applicant have been noted by the Board; however, they are not supported by either evidence submitted with the application or the evidence of record. The discharge process was in accordance with applicable law and regulations and the applicant's service was appropriately characterized.

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

4.  In view of the applicant's lengthy AWOL, it does not appear that his UD was too severe.

5.  While the Board is empathetic, the applicant's post-service record is not sufficiently mitigating to warrant an upgrade of his discharge.

6.  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.

7.  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

_JV____  ___JI___  ___SK___  DENY APPLICATION

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

INDEX

CASE ID	AR1999034309	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000531	
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.		
2.		
3.		
4.		
5.		
6.