MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            2 April 2002
	DOCKET NUMBER:   AR2001063349

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Regan K. Smith		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 bad conduct discharge(BCD) be upgraded to a more favorable discharge.

APPLICANT STATES:  That he volunteered to go overseas but the Army would not let him go, even after his lawyer tried to get them to send him to Vietnam.  He further states that he has tried to be a citizen that the United States can be proud of.

EVIDENCE OF RECORD:  The applicant's military records were lost by the applicant at the time he went absent without leave (AWOL); however, reconstructed records show:

He was inducted in Rayville, Louisiana on 15 September 1966.  He successfully completed his training at Fort Sill, Oklahoma and received orders transferring him to Vietnam for duty as a field artillery cannoneer, effective 4 March 1967.

The applicant went AWOL on 4 March 1967 and remained absent until he surrendered to military control at Kessler Air Force Base on 4 September 1970.  He was transferred to Fort Rucker, Alabama on 9 September 1970, where records were reconstructed and charges were preferred against him.

At the time he was returned to military control, the applicant indicated that he had hand carried his records when he departed Fort Sill and that they were lost during the AWOL period.  

He plead guilty to charges against him and was convicted by a general        court-martial on 23 November 1970, of being AWOL from 4 March 1967 to 4 September 1970.  He was sentenced to a BCD, confinement at hard labor for 9 months and forfeiture of all pay and allowances.  On 10 February 1971, the Army Court of Military Review affirmed his conviction. 

Prior to the applicant’s sentencing, the applicant made a statement to the judge whereas he asserted that he had used all of his money to pay a hospital bill for a man whom he looked on as a father and when he attempted to get money from the Red Cross to return to Oakland Army Base, he was denied.  He further stated that he was confused, did not know what to do and became afraid to return.  He worked on shrimp boats until he surrendered to military authorities.   

The applicant was discharged under other than honorable conditions, pursuant to his court-martial conviction, on 14 June 1971.  He had served 8 months and 9 days of total active service and had 1,482 days of lost time due to AWOL and confinement.

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.  Trial by court-martial was warranted by the gravity of the offenses charged.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

2.  The type of discharge directed and the reasons therefore appear to be appropriate considering the available facts of the case and his otherwise undistinguished record of service during such a short period of time.

3.  The applicant’s contention that he wanted to go overseas and was denied, is not supported by the available evidence of record.  The records clearly show that he received orders for Vietnam and never reported to the replacement company for shipment.

4.  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.

5.  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

___rks __  __wtm __  ___clg___  DENY APPLICATION

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

INDEX

CASE ID	AR2001063349	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/02	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1971/06/14	
DISCHARGE AUTHORITY	GCM	
DISCHARGE REASON	Cm conv	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  675	144.6800/A68.00/bcd	
2.		
3.		
4.		
5.		
6.