MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 January 2002                   
	DOCKET NUMBER:   AR2001062119

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. John T. Meixell		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 Report of Separation from Active Duty, DD Form 214, be amended to show he had 1 year, 8 months, and 6 days of active service.

APPLICANT STATES:  That his DD Form 214 shows he entered active duty on 19 January 1973 and separated on 24 September 1974.  He provides his DD Form 214 as supporting evidence.

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

He enlisted in the U. S. Army Reserve on 4 October 1972.  He was voluntarily ordered to initial active duty for training on 19 January 1973.

On 2 February 1973, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for intentionally avoiding duty by causing injury to himself by swallowing a razor blade.

On 3 February 1973, the applicant attempted suicide for the third time when he successfully swallowed a single-edge razor blade.  The razor was surgically removed from his stomach.  He was returned to duty on 16 February 1973 and apparently placed in pre-trial confinement at this time.

A Line of Duty investigation revealed that the applicant was declared mentally sound by two neuropsychiatric evaluations and one sanity board hearing and his injuries were found to have been sustained not in the line of duty due to his own misconduct.  The findings of the investigation were approved.

On 30 May 1973, the applicant was convicted by a general court-martial of intentionally avoiding duty by causing injury to himself by swallowing a razor blade.  His approved sentence was to be discharged with a bad conduct discharge, to be confined at hard labor for 6 months, and to forfeit $200.00 pay per month for 6 months, all suspended for 6 months.  

The applicant departed absent without leave (AWOL) on 3 July 1973 and again on 5 July 1973 (for 1 day of AWOL each period).  On an unknown date he was apparently placed on excess leave pending appellate review.  

On 13 September 1974, the suspension of the bad conduct discharge was vacated and the rest of the suspended sentence was remitted.  

On 24 September 1974, the applicant was discharged in absentia pursuant to  his sentence by general court-martial.  His DD Form 214 shows he completed  19 days of creditable active service.

The Department of Defense Financial Management Regulation provides that when an absence is an unauthorized absence of more than 24 consecutive hours, or due to an inability to perform duty for more than 24 consecutive hours because of an injury resulting from misconduct, or because of confinement for more than 24 consecutive hours while awaiting trial or confinement as the result of a court-martial sentence, then the period of absence is not creditable.  Excess leave is creditable service only under certain circumstances.

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 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.

2.  There is no evidence of record to show that the applicant had more than      19 days of creditable active service.  Although he entered active service on       19 January 1973 and was discharged on 24 September 1974, most of this period was noncreditable time spent in the hospital due to injuries incurred as a result of his misconduct, pre-trial confinement, AWOL, or excess leave.  

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

__tsk___  __fne___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001062119	
SUFFIX		
RECON		
DATE BOARDED	20020110	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	123.00	
2.		
3.		
4.		
5.		
6.