MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           4 February 2003                  
	DOCKET NUMBER:   AR2002075367

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Ronald J. Weaver		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.

APPLICANT STATES:  That when he asked for leave he was simply told to, "go if you have to," so he left and became absent without leave (AWOL).  His wife was pregnant and having a difficult time.  She needed him to be with her.  

Since his discharge, he has been a productive member of society.

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

He enlisted and entered active duty on 22 September 1972.  He completed basic and advanced individual training as a field wireman with excellent conduct and efficiency ratings.  

The applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice on 30 November 1973 for AWOL from 8 to 16 November 1973.  The punishment consisted of restriction and extra duty for 25 days, reduction to pay grade E-2 (suspended for 60 days) and forfeiture of $100.00 per month for 1 month.

A 20 March 1974 summary court-martial convicted him of AWOL from 12 December 1973 to 7 January 1974 and sentenced him to forfeit $150.00 pay per month for 1 month and reduction to pay grade E-1.  The convening authority suspended the reduction for 60 days.

He received another NJP and another suspended reduction to pay grade E-2 on 13 May 1974.  That suspension was subsequently vacated. 

On 8 June 1974 the applicant received nonjudicial punishment for AWOL from 24 to 28 May 1974.  The punishment included correctional custody for 30 days.

The applicant escaped from correctional custody and was AWOL from14 July to 21 October 1974.

A 7 November 1974 physical examination found him qualified for separation.  The applicant was fully alert and oriented at an 8 January 1975 mental status evaluation.  He displayed a level mood, clear thinking, normal thought content and good memory.  There was no significant mental illness.  He was mentally responsible, able to distinguish right from wrong and to adhere to the right.  He had the mental capacity to understand and participate in board proceedings.  He met medical retention standards.

On 14 January 1975 the applicant was notified of recommended separation for unfitness.  He consulted with counsel and waived his rights to have a board of officers consider his case and to be represented by counsel.  He acknowledged that he understood that he could expect to encounter substantial prejudice in civilian life because of the less than honorable discharge and that he would forfeit all rights administered by Veterans Affairs and might lose other benefits under Federal and state laws.

The separation authority approved the recommendation and directed that an undesirable discharge be issued.  On 10 February 1975 the applicant was separated under the provisions of Army Regulation 635-200, paragraph 13-5a(1) for unfitness.  He had 1 year, 11 months and 19 days of creditable service and 150 days lost time.

Army Regulation 635-200 sets forth the policy and prescribes the procedures for administrative separation of enlisted personnel.  Chapter 13, in effect at that time, applied to separation for unfitness and unsuitability.  Paragraph 13-5(a)1 provided for the separation for unfitness, which included frequent incidents of a discreditable nature.  When separation for unfitness was warranted an undesirable discharge was 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.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.

2.  The applicant's unsubstantiated contentions fail to demonstrate an injustice in the 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 this 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

MHM___  __CLG__  __RJW ___  DENY APPLICATION

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

INDEX

CASE ID	AR2002075367	
SUFFIX		
RECON		
	20030204	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19750210	
DISCHARGE AUTHORITY	AR635-200, ch 13 .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.