MEMORANDUM OF CONSIDERATION
IN THE CASE OF: BOARD DATE: 15 July 1998
DOCKET NUMBER: AC97-09657
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. The following members, a quorum, were present:
The applicant requests correction of military records as stated in the application to the Board and as restated herein.
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: In effect, that his undesirable discharge (UD) be upgraded to a general/under honorable conditions discharge (GD).
EVIDENCE OF RECORD: The applicant's military records show:
The applicant, a 24 year old Canadian citizen, initially entered the Regular Army on 15 March 1968 for 3 years. He successfully completed basic training at Fort Dix, New Jersey and was assigned to Germany for duty in military occupational specialty (MOS) 62J (General Construction Machine Operator). He departed Europe in October of 1968 enroute to Vietnam.
On 10 January 1969 the applicant began the period of service under review, when he reenlisted in the Regular Army for 3 years, while assigned to
Nha Trang, Vietnam. At the time of his reenlistment the applicant had completed 9 months and 25 days of honorable service. He would attain the rank of specialist/E-4 on 16 January 1969; complete his combat tour in Vietnam on
14 December 1969; and he would earn the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.
Upon completion of his Vietnam tour the applicant was assigned to Fort Devens, Massachusetts and attached for temporary duty at Camp Drum, New York. On
6 July 1970 the applicant departed his unit AWOL and was dropped from the rolls as a deserter on 4 August 1970.
On 31 May 1973 the applicant was notified by letter that he had been charged as a deserter and that he was to be discharged from the United States Army by reason of misconduct (desertion). He was further informed that his discharge would be under other than honorable conditions and that he would be issued a UD; in addition, the applicant was advised that he may be deprived of benefits administered by the Department of Veterans Affairs and could lose rights and benefits as a veteran under state and federal law.
On 11 June 1973 the applicant singed for receipt of the notification letter and submitted a statement in his own behalf. In the statement the applicant stated, in effect, that he had been going on pass and leave into Canada, while assigned at Fort Drum; that he met a girl, got married, and she did not want to go to the United States with him. The applicant further indicated that his new wife was pregnant and that he could not leave her alone and possibly ruin his marriage, so he decided to stay. He concluded his statement by indicating that even if he could not be forgiven, he hoped that his position could be understood.
On 25 June 1973, after considering the applicants statement, the discharge action was processed.
On 6 September 1973, a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) was issued discharging the applicant. This document identifies the following: authority and reason for discharge (DA Message 161800Z July 73/Alien DFR for more than one year); character of service (under other than honorable conditions); type of certificate issued (DD Form 258A-UD). The DD Form 214 also documents that the applicant had completed 1 year, 5 months and 26 days of the period of service under review; a total of 2 years, 3 months, and 21 days of active military service; and that he had accrued 972 days of time lost due to AWOL.
There is no evidence that the applicant applied to the Army Discharge Review Board within the 15 year statute of limitations.
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 regulation applicable at the time. The reason for and the character of the discharge are commensurate with the applicant's overall record of military service.
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 aforementioned requirement.
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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Loren G. Harrell
Director
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