MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 July 1999
	DOCKET NUMBER:   AC980-00648
				   AR1999015116

	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. Loren G. Harrell		Director	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. John Saputo		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:  Reconsideration of his earlier application to correct his records by upgrading his general discharge under the DOD Special Discharge Review Project (SDRP).

APPLICANT STATES:   That after serving his sentence of his general court-martial conviction in Vietnam he was forced to take leave, but he was not given any orders.  That he was forced, against his will to board a plane for the United States.  He went to the Pentagon in July and August 1971 and to Fort Meade, Maryland in March 1972 and tried to get his AWOL situation straightened out and get orders back to Vietnam but no one ever tried to help him.  He believes that the failure to timely file should be excused because he has been incarcerated for the past 22 years.  He submits an April 1998 Washington, DC Police Department report showing no criminal record.

COUNSEL CONTENDS:  Counsel noted the applicant’s contentions and asks that the case be reviewed on its merits.	

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memoranda prepared to reflect the Board's previous considerations of the case on 16 September 1981 (COPY ATTACHED).

The applicant’s contentions constitute new argument which requires Board consideration.

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. There is no evidence to substantiate the applicant’s contentions and his assertions are not credible. 

2.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.

3.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

__SAC__  __EMW__  ___JS___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC80-00648A
AR1999015116	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19720417	
DISCHARGE AUTHORITY	AR635-200 chapter 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	3-0	
REVIEW AUTHORITY		
ISSUES         1.	A94.11	
2.		
3.		
4.		
5.		
6.