MEMORANDUM OF CONSIDERATION
IN THE CASE OF:
BOARD DATE: 15 December 1999
DOCKET NUMBER: AR1999023966
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. Loren G. Harrell Director
Mr. Joseph A. Adriance Analyst
The following members, a quorum, were present:
Mr. Thomas N. Kuhn Chairperson
Ms. Elizabeth Buchanon Member
Mr. Mark D. Manning 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
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
Exhibit B - Military Personnel Records (including
advisory opinion, if any)
ABCMR Memorandum of
APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded
to a general, under honorable conditions discharge (GD).
APPLICANT STATES: The applicant has advanced no contentions nor provided any
EVIDENCE OF RECORD: The applicant's military records show:
On 23 October 1969, he entered the Regular Army for 2 years and attended basic
training and advanced individual training (AIT) at Fort Ord, California.
On 5 January 1970, while still in basic training, the applicant went AWOL from his unit
and remained away until 7 January 1970. On 13 January 1970 he again went AWOL
and remained away 20 January 1970. On 23 January 1970, the applicant accepted
nonjudicial punishment (NJP), under the provisions of Article 15 of the UCMJ, for these
offenses and was punished with a forfeiture of $26.00.
While in AIT, the applicant accepted two other NJPs: the first on 27 April 1970 and the
second on 6 May 1970, both for failing to be at his prescribed place of duty. In
addition, item 44 of the applicant’s qualification record (DA Form 20) shows that the
applicant accrued a total of 396 days of time lost due to AWOL and military confinement
between 5 January 1970 and 20 September 1971.
On 3 September 1971, the applicant was tried by special court-martial for a period of
AWOL between 1 June and 13 July 1971. He was found guilty and sentenced to be
reduced to the rank of private/E-1 and to be confined at hard labor for 2 months.
The available records do not contain the specific circumstances surrounding the
applicant’s separation. However, there is a properly constituted DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge) issued to and
authenticated by the applicant documents the following facts: Character of
Service-Under Other than Honorable Conditions; Type of Discharge Certificate
Issued-Undesirable; Authority and Reason for Separation-AR 635-212/SPN 28B
(Unfitness, Frequent Involvement in Incidents of a Discreditable Nature with Military or
The DD Form 214 also indicates that on 29 November 1971, the applicant was issued a
UD after completing 1 year and 8 days of credible active military service, and having
had accrued 396 days of time lost due to AWOL and military confinement.
ABCMR Memorandum of
Army Regulation 635-212, then in effect, provided in pertinent part the policies,
procedures, and guidance for the prompt elimination of enlisted personnel who were
determined to be unfit for further military service. Individuals discharged under this
regulation would normally be issued a UD.
DISCUSSION: Considering all the evidence, allegations, and information presented by
the applicant, together with the evidence of record, applicable law and regulations, it is
1. The facts and circumstances pertaining to the applicant's discharge are not on file.
However, the evidence of record does include a properly constituted
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge),
authenticated by the applicant. This document identifies the reason and
characterization of the discharge and the Board presumed government regularity in the
2. 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 the
3. 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.
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__mdm __ __tnk ___ ___eb___ DENY APPLICATION
Loren G. Harrell
ABCMR Memorandum of
CASE ID AR1999023966
DATE BOARDED 1999/12/15
TYPE OF DISCHARGE UD
DATE OF DISCHARGE 1971/11/29
DISCHARGE AUTHORITY AR 635-212
DISCHARGE REASON Unfitness
BOARD DECISION DENY
ISSUES 1. 189 110.0000