MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           04 APRIL 2002
	DOCKET NUMBER:   AR2001065904

	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. Arthur A. Omartian 		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Karen Y. Fletcher		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:  Reconsideration of his request to upgrade his undesirable discharge to a general discharge.

APPLICANT STATES:  That he believes the character of his discharge was too "harsh and unjust."  He states that while assigned to Germany he received word that his father had died and he was given 30 days of emergency leave to attend the funeral.  He notes that after the funeral he did not return to Germany but stayed home to care for his mother and younger brother.  He states that he felt like he "had to stay home and take care of the family instead of going back to duty."  He indicates that he was subsequently arrested and returned to military control at Fort Sill, Oklahoma.  When given the choice between being discharged or court-martialed, he elected to be discharged believing he would be able to have his discharge upgraded at a later date.

The applicant states that he was incapacitated by a stroke in 1977, after his separation, and maintains that his "mental condition from the stroke is justification to reopen [his] case after all these years and correct this injustice."  He also notes that he "received two honorable discharges; one from the Oklahoma National Guard and one from the U.S. Navy" which should count for something.

Other than his self-authored statement, the applicant submits no evidence in support of his request.

NEW EVIDENCE OR INFORMATION:  In the applicant's original application to the Board (AC8401640) he argued that his use of drug resulted in his "adverse actions."  In his most recent application he maintains that the death of his father, family situation, and subsequent stroke, warrant upgrading his discharge.  In view of the fact that he has raised a new issue in his current request, the Board has determined that reconsideration of his request to upgrade his discharge is warranted.

Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case in 1984 (AC8401640).

The applicant's records indicate that he arrived in Germany in June 1975 and departed enroute to the United States on 30 September 1976.  A record of emergency data, completed on 29 September 1976, indicates his father was deceased.

The applicant was apparently assigned to Fort Sill, Oklahoma upon his return to the United States.  On 16 November 1976, while assigned to Fort Sill, the applicant was punished under Article 15 of the UCMJ (Uniform Code of Military Justice) for several days of AWOL (absent without leave) in October 1976.
On 12 January 1977 the applicant again departed AWOL and was subsequently dropped from the rolls of the Army.  He was apprehended by civilian authorities and returned to military control on 31 March 1977.  

A 7 April 1977 record of emergency data, which the applicant authenticated, listed his father as residing in Bokchito, Oklahoma, the same address the applicant's mother was residing at when the September 1976 record of emergency data was completed.

Bokchito, Oklahoma is approximately 175 miles from Fort Sill.

On 8 April 1977 the applicant was placed in an excess leave status and on 
25 April 1977 he was discharged under the provisions of Army Regulation 635-200, chapter 10, in accordance with his request.  He was issued an Undesirable Discharge Certificate.

Documents contained in the applicant's file, which appear to have been submitted in support of his 1984 application to the Board, or in support of his previous petitions to the Army Discharge Review Board, indicate that the applicant's AWOL period was related to his use of drugs.  At one point his mother claims the applicant was introduced to drugs by his "lieutenant" while in Germany, but the applicant indicated in his 1984 application to this Board that his drug use began during his period of service with the Navy.  His mother indicated that after the applicant's father died he did not want to go back to Germany because of the drugs.

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.  It is unclear when the applicant's father died.  However, it appears the applicant's father may have died in September 1976, which precipitated the applicant's return to the United States and subsequent assignment to Fort Sill.  His contention that he departed AWOL to stay with his family is not supported by any evidence in available records, nor in any evidence provided by the applicant.

2.  The Board notes that the applicant had two periods of AWOL following his return to the United States and assignment to Fort Sill; one in October and the second beginning in January 1977.  The Board also notes that the applicant's family was residing approximately 175 miles from Fort Sill, which, the Board contends, would have been close enough for the applicant to provide support and still perform his military duties.

3.  The applicant's discharge was appropriate and not unduly harsh considering the basis for his separation.  He has presented no evidence which would serve as a basis to upgrade the character of his discharge.  The fact that he may have received an honorable discharge from the Army National Guard and U.S. Naval Reserve, or that he subsequently suffered a stroke, while unfortunate, does not justify, nor serve as a basis to upgrade his discharge.

4.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

__AAO       ___RWA_  __KYF__  DENY APPLICATION

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

INDEX

CASE ID	AR2001065904	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020404	
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.