RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         6 December 2006
      DOCKET NUMBER:  AR20050005891


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Yvonne Foskey                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |Member               |
|     |Mr. Edward E. Montgomery          |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his request for
an upgrade of his undesirable discharge (UD).

2.  The applicant states, in effect, he was never notified to report to
Fort Sill, Oklahoma, and he knew nothing of this until receiving his
separation document (DD Form 214).  He states his biggest problem in his
case is the confusion in instructions and understanding the inaccuracies of
the discharge date annotated on his DD Form 214.  He further states the
dates do not make any sense to him based on the fact he was in Wyoming
during his separation and not in California as shown on his DD Form 214.

3.  The applicant provides the following documentation in support of his
application:  Separation Documents (DD Forms 214); Army National Guard
(ARNG) Separation Document (NGB Form 22); Discharge Certificates; Medical
Treatment Records.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003094644, on 20 April 2004.

2.  On 23 April 1980, the applicant received an under other than honorable
conditions discharge under the provisions of Chapter 10, Army Regulation
635-200, by reason of administrative discharge conduct triable by a court-
martial. The DD Form 214 he was issued confirms he was discharged in
absentia and that he was in an excess leave status from 23 August 1979
through 23 April 1980.

3.  During its original deliberations, the Board considered the applicant’s
contentions that he did not receive orders directing him to report to Fort
Sill, and it found this claim was contradicted by the evidence, which
included a document confirming he signed for receipt of the correspondence
directing him to report to Fort Sill.  The Board also concluded his
separation processing was accomplished in accordance with the applicable
law and regulation, and that the applicant had not been lied to, or
informed his discharge would be honorable.  Finally, the Board concluded
that the applicant had failed to submit evidence or convincing argument to
support his request.

4.  The applicant’s record contains a copy of a Certified Receipt, dated 29
April 1978, with the applicant's signature.  This document shows he signed
for the packet that reportedly contained Orders Number 039-319, issued by
the Headquarters, Sixth United States Army, dated 7 April 1978, which
ordered him to active duty for 5 months and 18 days, and directed him to
report to Fort Sill.

5.  The applicant’s record shows he surrendered to military authorities and
was returned to military control on 17 August 1979.  He was assigned to the
Personnel Control Facility, Fort, Ord, California.

6.  On 23 August 1979, he completed a Statement of Medical Condition
(DA Form 3082), which showed his separation physical examination was
completed at United States Army Medical Department Activity (MEDDAC), at
Fort Ord, California.

7.  The applicant provides seven pages of medical treatment records in
support of his current application.  These documents show he was admitted
to Bishop Randall Hospital, Lander, Wyoming on 7 January 1970, and was
hospitalized through 11 January 1980.

DISCUSSION AND CONCLUSIONS:

1.  The new evidence and argument submitted by the applicant was carefully
considered.  However, the evidence of record confirms he was discharged in
absentia, while he was in an excess leave status.  This explains why he was
in Wyoming on the date of his discharge.

3.  Further, as indicated in the original Board findings, the applicant
signed for the packet that contained the orders directing him to report to
Fort Sill for the purpose of involuntary active duty.  Therefore, there is
an insufficient evidentiary basis to support his claim that he was unaware
he was suppose to report for active duty.

4.  As the applicant was informed in the original Board decisional
document, 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 any new evidence or argument that would
satisfy this requirement.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___BPI __  __DWS__  __EEM _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR2003094644, dated 20 April 2004.




                                  _____Bernard P. Ingold_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005891                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-12-06                              |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |1980/04/23                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |Chapter 10                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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