MEMORANDUM OF CONSIDERATION

	IN THE CASE OF.

	BOARD DATE:  19 May 1999            
	DOCKET NUMBER:   AR1999021049

	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	
	M Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Robert G. Hinkle		Member	
	Mr. Roger W. Able		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 upgraded to a general (GD).

APPLICANT STATES:  In effect, that he completed 1 year, 1 month and 29 days of creditable military service.  He suffers from aliments as a result of malaria and exposure to Agent Orange.  He was exposed to both while serving in the Republic of Vietnam (RVN).  He feels that he would be able to receive treatment at the Department of Veterans Affairs Medical Center, if his discharge is upgraded.  He submits a copy of the action taken by the Army Discharge Review Board (ADRB) (OSA Form 172 )(Discharge Review) in 1981, his DD Form 
214 Armed Forces of the United States Report of Transfer for Discharge and his Certificate of Discharge in support of his request.

EVIDENCE OF RECORD:  The applicants military record show:

On 4 August 1967, the applicant enlisted for 3 years for the Regular Army Unassigned enlistment option.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 12A (Combat Engineer).  He served in the RVN from 21 December 1967 through 15 December 1968.

Between September 1967 and April 1969, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice on four separate occasions: for unlawfully striking another service member on 10 September 1967; for being drunk and disorderly on 23 February 1968; for leaving his guard post before he was properly relieved while in a hostile environment (Vietnam) on 6 March 1968; for being absent (AWOL) from Fort Belvoir 23 January -31 January 1969; and for being disorderly on 2 April 1969.  His punishments included forfeitures of pay; extra duty and restriction; reduction from pay grade E-3 to pay grade E-2 (suspended) and later vacated on 8 March 1968; and reduction from pay grade E-4 to pay grade E-3.

He then was AWOL from 13 September 1969 through 15 August 1972.  On
22 August 1972, the applicant's commander notified him that he was being recommended for discharge under the provisions of section VII, paragraph 45b, Army Regulation 635-206, for prolonged unauthorized absence for more than 
1 year. 

On 23 August 1972, the applicant acknowledged notification of the commander’s intent to separate him.  He consulted with legal counsel concerning the basis for the contemplated separation action and the rights available to him.  He waived consideration of his case by a board of officers and further legal representation. He requested a general discharge based on 2 years of good service, which includes 1 year served in the RVN.  On 8 September 1972, a medical separation examination found him to be physically fit for separation.  On 22 September 1972, he departed AWOL again.  

On 22 September 1972, the appropriate authority approved the separation recommendation and directed the issuance of a UD.  On 2 October 1972, the applicant was separated, in absentia, under the provisions of Army Regulation 635-206, for prolonged unauthorized absence for more than 1 year with a UD.  He had completed 2 years, 1 month and 21 days of creditable active service and he had 334 days lost time during his enlistment and 754 days lost time subsequent to the normal end of his term of service (ETS).

Army Regulation 635-206, then in effect set forth the basic authority for the separation of enlisted personnel.  Section VII, paragraph 45b contained the policy and outlined the procedures for separating individuals for desertion or unauthorized absence continued for more than 1 year.  A UD was normally considered appropriate.

On 19 November 1981, the ADRB denied the applicant’s request for upgrade of his discharge. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  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.

2.  The applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  The applicant has provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct. 

3.  There is nothing in the applicant's record and he has provided nothing that indicates he was exposed to Agent Orange.  Evidence of record does indicate that he contracted malaria while he was assigned to the RVN.  However, a medical separation examination by professionally trained personnel found him to be physically fit for separation.  

4.  The Board noted the OSA Form 172 (Discharge Review) and other documents the applicant submitted with his application.  However, these documents do not provide the Board a basis upon which to grant relief.
5.  Eligibility for veteran's benefits does not fall within the purview of the Army Board for Correction of Military Records.  The applicant should contact a local Office of the Department of Veterans Affairs for further assistance.

6.  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

JNS_____  RGH____  RWA_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021049	
SUFFIX		
RECON		
DATE BOARDED	19990519	
TYPE OF DISCHARGE	(UD)	
DATE OF DISCHARGE	19721002	
DISCHARGE AUTHORITY	AR 635-208, Sec VII, Para 45b  	
DISCHARGE REASON	Prolonged unauthorized absence for more than 1 year	
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	Request for upgrade is based on 2 good years of service; he suffers from aliments as a result of malaria and exposure to agent orange.	
2.		
3.		
4.		
5.		
6.