MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            28 February 2002
	DOCKET NUMBER:   AR2001064446

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Celia L. Adolphi		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 undesirable discharge be upgraded to a more favorable discharge.

APPLICANT STATES:  That he was stationed at Fort Benning, Georgia, and had surgery performed on his right knee.  He further states that before it was completely healed, he was ordered to go back to duty and to jump school.  He went absent without leave (AWOL) and returned to Fort Leonard Wood, Missouri 6 to 7 months later.  He goes on to state that after about 2 months he was discharged without being given an opportunity to continue to serve. 

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

He enlisted in St. Louis, Missouri on 16 August 1968, for a period of 2 years and airborne training.  He completed his basic combat training at Fort Leonard Wood and was transferred to Fort Gordon, Georgia, on 12 August 1968, to undergo his advanced individual training (AIT) as an infantryman.

On 15 November 1968, he was diagnosed as having a cyst of the lateral meniscus of the right knee.  He underwent orthopedic surgery on 28 November 1968, to remove the cyst.  He was placed on convalescent leave from 6 December to 15 December 1968.  However, the applicant failed to return on 16 December 1968, as ordered and was reported as AWOL.  He remained absent until he was returned to military control at Fort Leonard Wood on 20 April 1970. 

The facts and circumstances surrounding the applicant’s discharge are not present in the available records.  However, his records do contain a duly constituted report of separation (DD Form 214), signed by the applicant, which shows that he was discharged under other than honorable conditions on 30 June 1970, under the provisions of Army Regulation 635-206, for misconduct based on a prolonged absence of more than 1 year (Desertion).  He had served 6 months and 18 days of total active service, was still in a trainee status, and had 483 days of lost time due to AWOL. 

There is no indication in the available records to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

Army Regulation 635-206, in effect at the time, set forth the basic authority for the separation of enlisted personnel for misconduct.  It provided, in pertinent part, that members would be processed for separation for under that regulation for misconduct, AWOL, Desertion, fraudulent entry and conviction by civil authorities.  An undesirable discharge was normally considered appropriate.

Army Regulation 635-200, currently in effect, sets forth the basic authority for the separation of enlisted.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion or AWOL.  A discharge under other than honorable conditions is 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.  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.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no violations or procedural errors, which would tend to jeopardize his rights.

3.  Accordingly, the type of discharge directed and the reasons therefore, were appropriate considering all of the available facts of the case.

4.  The applicant’s contentions and supporting statements have been noted by the Board.  However, given the seriousness of his offense and his otherwise undistinguished record of service, they are not sufficiently mitigating to warrant an upgrade of his discharge. 

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

___jm___  ___rvo  __  __cla ___  DENY APPLICATION

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

INDEX

CASE ID	AR2001064446	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20002/02/28	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1970/06/30	
DISCHARGE AUTHORITY	AR635-206	
DISCHARGE REASON	MISCONDUCT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  626	144.6000/A60.00	
2.		
3.		
4.		
5.		
6.