MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           10 JANUARY 2002                   
	DOCKET NUMBER:   AR2001063599

	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. Deborah L. Brantley		Senior 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 bad conduct discharge be upgraded to a general discharge.  

APPLICANT STATES:  In effect, that all he was trying to do was help his family.  He notes that he “got a job and worked, each time [he] was AWOL [absent without leave].”  He just wants someone to “review the records” and indicates that he has had a “clean and good life, no felonies, or nothing.”  He submits no evidence in support of his request.

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

He enlisted and entered active duty for a period of 3 years on 14 July 1969.  He was 20 years old at the time, with a GT (general technical) score of 111 and 11 years of formal education.  He enlisted for training in the administrative field.

He successfully completed basic training, received “excellent” conduct and efficiency ratings, and in September 1969 was assigned to Fort Knox, Kentucky for advanced individual training.

On 10 October 1969 the applicant commenced a series of AWOL periods, totaling more than 700 days, which ultimately resulted in his conviction by a general court-martial.  His sentence included confinement at hard labor for 9 months, forfeiture of $100.00 pay per month for 9 months, and a dishonorable discharge.  During the appellate process the dishonorable discharge portion of the court-martial sentence was modified to a bad conduct discharge.

As part of his petition for clemency, while in confinement, the applicant indicated that he had one record of non-judicial punishment and one “unfavorable former CO [commanding officer] report.”  It indicated that at age 17 he married a 16 year old girl and they had a child.  At the time of the clemency petition they were “contemplating” divorce.  The applicant had “plans to marry another girl who had a child by him.”  He stated that he “went AWOL because of family’s financial problems.”  His clemency petition was denied.

The bad conduct discharge was executed on 7 August 1972.  At the time the discharge was executed the applicant had completed 3 months and 5 days of active Federal service with nearly 1000 days of lost time due to AWOL and confinement.

The Table of Maximum Punishment, in effect at the time, indicates that the applicant could have received a dishonorable discharge, up to 3 years confinement, and total forfeiture of pay and allowances.

Army Regulation 635-200 states that a general discharge is a separation from the Army under honorable conditions.  It represents a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

Army Regulation 635-200 states that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

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 separation was executed in accordance with applicable laws and regulations.  There is no evidence of any error.  

2.  Additionally, the Board notes that the applicant had less than 6 months of creditable service and, while he received “excellent” ratings during basic training, his conduct following basic training was not so meritorious so as to warrant an upgrade of his discharge based on equity.  The applicant has submitted no evidence which would serve as a basis to upgrade his discharge.

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 that 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

__FNE __  __TSK __  __JTM __  DENY APPLICATION

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

INDEX

CASE ID	AR2001063599	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010110	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.