MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  14 February
	DOCKET NUMBER:  AR2001062765

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone	

		Chairperson	
	Mr. John E. Denning	

		Member	
	Ms. Barbara J. Ellis	

		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 be upgraded to a general discharge.

APPLICANT STATES:  That he was absent without leave (AWOL) on two occasions for 3 days to be with his dying mother.  He had requested leave but it was denied.  The type of discharge he received was excessive under the circumstances.  He would not have gone AWOL if his mother had not been seriously ill.

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

He enlisted and entered active duty on 20 May 1970, for training as a transportation specialist.  On 20 July 1970, while still in training, he was punished under Article 15, Uniform Code of Military Justice (UCMJ), for failure to go to his place of duty.  On 24 September 1970, while still in training, he was punished under Article 15, UCMJ, for 9 days AWOL.  On 19 November 1970, while still in training, he was punished under Article 15, UCMJ, for 3 days AWOL.

In January 1971, he was punished under Article 15, UCMJ, for 3 days AWOL.  On 1 September 1971, he was punished under Article 15, UCMJ, for 42 days AWOL.  On 7 January 1972, he was punished under Article 15, UCMJ, for failure to go to his place of duty.  On 10 January 1972, he was punished under Article 15, UCMJ, for failure to go to his place of duty.

On 10 January 1972, the applicant’s commander recommended he be discharged for unfitness because of his repeated commission of petty offenses.  The applicant was reported to frequently express his desire to get out of the Army.

On 13 January 1972, after consulting with counsel, the applicant waived his rights to consideration of his case by a board of officers and to submit statements in his own behalf.  At a mental status evaluation the applicant's behavior was normal.  He was fully alert and oriented and displayed a level mood.  His thinking was clear, his thought content normal, and his memory good.  There was no significant mental illness.  The applicant was mentally responsible.  He was able to distinguish right from wrong and to adhere to the right.

On 25 January 1972, the separation authority, a brigadier general, approved the recommendation for separation for unfitness and directed issuance of an Undesirable Discharge Certificate.  Effective 1 February 1972, the applicant was discharged under authority of Army Regulation 635-212.  He had 1 year, 7 months, and 16 days creditable service, and 54 days lost time.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the elimination of enlisted personnel.  Paragraph 6 of 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.

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 contention that his only offenses were AWOL on two occasions for 3 days is not supported by the evidence of record.  The evidence shows that he was AWOL on four separate occasions for a recorded total of 54 days.

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.  He was afforded the opportunity to submit statements in his own behalf, but he declined to do so.

3.  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.

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

__js___  __jd____  ___be_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001062765	
SUFFIX		
RECON		
DATE BOARDED	20020214	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19720201	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	A51.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.