Title: APPLICANT REQUESTS: That his records be corrected to show the reason he was AWOL for over 180 days was due to extenuating circumstances in his family
Author: WoodsHN

ABCMR Memorandum of                                                                AC97-10708
Consideration (cont)

APPLICANT REQUESTS:  That his records be corrected to show the reason he was AWOL for over 180 days was due to extenuating circumstances in his family.

APPLICANT STATES:  In effect, that he was denied VA health benefits as of 20 February 1996, after being treated for 3 years, all of a sudden he was told not to come anymore.

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

He was born on 2 January 1948.  He entered the Army on 
6 January 1966 for a term of 4 years.  He was awarded MOS 15B20 (Missile Crewman).

On 31 May 1968, applicant re-enlisted after serving 2 years, 4 months and 25 days.  Applicant was then transferred to Vicenza, Italy.

On 15 July 1968, applicant went AWOL (Absent Without Leave) and was apprehended on 10 June 1969 after 330 days.  Applicant was then confined from 11 June 1969 to 18 August 1969 (68 days).

On 30 June 1969, the applicant was convicted by a special court-martial of AWOL (o/a 15 July 1968 to 11 June 1969).  His approved sentence was reduction to paygrade E-1, forfeiture of $50 per month for 4 months, and confinement at hard labor for 4 months.

On 30 June 1969, the Court of Military Review, affirmed the findings of guilty and the sentence.

On 8 August 1969, the Court of Military Appeals held the findings of guilty and sentence as approved by the convening authority correct in law and fact.  Accordingly, the findings of guilty and the sentence were affirmed.

On 12 September 1969, applicant again went AWOL and was apprehended on 12 October 1969 after 31 days.

On 13 October 1969, applicant went AWOL for a 3^rd time and was apprehended on 11 February 1970 after 124 days.  Applicant was confined from 13 February 1970 to 20 April 1970 (67 days).

On 20 April 1970, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, Ch 10, SPN 246, for the Good of the Service, which was requested by applicant in lieu of a 2^nd court-martial on 
24 February 1970 and approved 12 March 1970, under other than honorable conditions with an Undesirable Discharge Certificate.  Applicant did not submit statements in his own behalf.  He had completed 2 years, 6 months and 25 days creditable and 620 days of lost time of service.  He was awarded the Sharpshooter Badge (Rifle) and the National Defense Service Medal.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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 the aforementioned requirement.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his allegation or request.

3.  Therefore, 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

                       DENY APPLICATION

						Karl F. Schneider
						Acting Director