MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:             18 June 2002
	DOCKET NUMBER:     AR2001062844

	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	
	Ms. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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 be upgraded from general (under honorable conditions) to an honorable discharge.  He adds that he would like a copy of his DD Form 214 (Armed Forces of The United States Report of Transfer or Discharge).

APPLICANT STATES:  No additional comments.

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

He enlisted in the Regular Army on 20 January 1958 for 3 years.  He completed Basic Combat Training at Fort Leonard Wood, Missouri on 10 April 1958 and transferred to Fort Hood, Texas, for Advanced Individual Training in Military Occupational Specialty (MOS) 950 (Security Guard).  On 4 June 1958, he was reclassified for AIT training at Fort Carson, Colorado.  

The applicant’s DA Form 24 (Service Record) shows that for the period 
29 September 1958 thru 22 October 1958, during his second period of training he was held by civilian authorities in Georgetown, Texas awaiting charges for felony theft auto.  His military file contains no further information for this time period other than to shown him as being returned to duty at Fort Hood, Texas.  On 6 May 1959 he was reassigned to Fort Carson, Colorado, to complete his training.

On 21 May 1959, Special Orders Number 109, issued from Headquarters Fort Carson, Colorado, shows that the applicant completed AIT and was awarded MOS 642.10 (Heavy Truck Driver).

On 8 January 1960, the applicant was transferred to France for duty in his MOS. 

On 11 June 1960, he returned to the United States with orders authorizing him 30 days leave.  The applicant failed to return from his leave status and was listed as being AWOL from 4 July 1960 to 3 August 1960.  On 4 August 1960, he surrendered to military authorities in St. Louis, Missouri.  

On 2 September 1960, the applicant was convicted by a special court-martial (SPCM) of one specification for being absent without leave (AWOL), from 
4 July – 3 August 1960.  He was sentenced to reduction to recruit, pay grade 
E-1 and forfeiture of $43.00 per month for 5 months.

The applicant was placed in confinement at the Special Processing Detachment, Fort Leonard Wood, Missouri, from 4 August - 25 August 1960 and further reassigned as an Detachment 1 Trainee.  

On 8 December 1960 the applicant was again listed as being AWOL.  On 
12 January 1961, the applicant was convicted by a SPCM of one specification for being AWOL, from 8 December – 13 December 1961.  He was sentenced to a forfeiture of $40.00 per month for 3 months.

On 11 April 1961, upon the expiration of his term of service, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  He was credited with a total of 3 years and 1 day of active service with 82 days of lost time due to AWOL and confinement.  He had 8 days of excess leave.  The highest rank he attained was E-3.  The characterization of his service during that period was judged to be under honorable conditions and he was issued a General Discharge.  On 
31 December 1963 he was discharged from the United States Army Reserve. 

Army Regulation 625-200, in effect at the time, provides the option of characterizing a soldier’s service as under honorable conditions (general discharge) when his or her military record is not sufficiently meritorious to warrant an honorable discharge.  Paragraph 1-8, (e) of that regulation specified that periods of AWOL, periods of confinement, non-judicial punishment, and convictions by court-martials, should all be taken into consideration when determining the characterization of a soldier’s service.

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, in this case, has failed to submit evidence that would satisfy this requirement.

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of any procedural errors that would jeopardize his rights.

3.  The type of discharge directed and the reason therefore were appropriate considering all the facts of the case.

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

__KAK_ _  _MHM___  __ALR __  DENY APPLICATION

Carl W. S. ChunDirector, Army Boards for Correctionof Military Records

INDEX

CASE ID	AR2001062844	
SUFFIX		
RECON		
DATE BOARDED	20020618	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19940517	
DISCHARGE AUTHORITY	AR635-200, C3 	
DISCHARGE REASON	A3900	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	105.06	
2.	100.03	
3.	A91.05	
4.		
5.		
6.