RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  25 March 2008
	DOCKET NUMBER:  AR20070016565 


	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.


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	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 reconsideration of his earlier request that his undesirable discharge be upgraded to honorable or general.  

2.  The applicant does not submit any statements.  

3.  The applicant provides a copy of the letter from the Army Board for Correction of Military Records, dated 24 May 2007; a letter from his brother, dated 26 September 2007; a letter from Red Cloud Indian School, dated 31 July 2007; and a Certificate of Baptism.

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 AR20060012377 on 22 May 2007.

2.  The applicant has provided new evidence that will be considered by the Board.

3.  The applicant was born on 27 February 1957.  He enlisted on 26 April 1974 for a period of 3 years.  He successfully completed basic combat training and advanced individual training in military occupational specialty 11B (light weapons infantryman).

4.  On 28 February 1975, in accordance with his pleas, the applicant was convicted by a special court-martial of two specifications of being absent without leave (AWOL) (from 10 October 1974 to 5 November 1974 and from 9 December 1974 to 28 January 1975).  He was sentenced to be confined at hard labor for 
30 days, to forfeit $100 pay per month for 3 months, and to be reduced to E-1.  On 7 March 1975, the convening authority approved the sentence but suspended the sentence to confinement until 7 June 1975.      

5.  The applicant went AWOL again on 14 March 1975, was apprehended by civilian authorities, and returned to military control on 24 April 1975.  On 8 May 1975, charges were preferred against the applicant for the AWOL period.   

6.  On 13 May 1975, after consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10.  He indicated in his request that he understood that he could be discharged under other than honorable conditions and furnished an Undesirable Discharge Certificate, that he might be deprived of many or all Army benefits, that he might be ineligible for many or all benefits administered by the Veterans Administration and that he might be deprived of his rights and benefits as a veteran under both Federal and State law.  He also acknowledged that he might encounter substantial prejudice in civilian life because of an undesirable discharge.  He elected to submit a statement in his own behalf.  In summary, he stated that he could not adjust to the military life, that he wanted to get out of the military, and that his family was having financial problems.  The applicant provided a copy of this letter with his application.  

7.  On 22 May 1975, the separation authority approved the applicant’s request for discharge and directed that he be furnished an undesirable discharge. 

8.  Accordingly, the applicant was discharged with an undesirable discharge on 
5 June 1975 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service.  He had served a total of 9 months and 13 days of active service with 117 days of lost time due to AWOL.  

9.  The applicant provided a letter of support from his brother.  His brother stated that their brother died in a car accident on 29 November 1974 and their whole family requested that the applicant be at the funeral.  However, the applicant was not granted emergency leave at that time.  His family has also had a nephew who lost his life in Afghanistan.  He also stated that it would honor their family to have the applicant’s discharge upgraded.  

10.  The applicant provided a letter of support from a Pastoral Coordinator at the Red Cloud Indian School.  The individual reiterated that the applicant’s brother died in a car accident in November 1974 and was buried in the Catholic Church Cemetery.  He submitted a copy of a Certificate of Baptism for the applicant’s brother.  

DISCUSSION AND CONCLUSIONS:

1.  The statements from the applicant’s brother and the Pastoral Coordinator have been noted.  The Board is empathetic towards the death of his brother and the recent death of his nephew.  

2.  The applicant’s service record shows he received one special court-martial and 117 days of lost time.  As a result, his record of service was not satisfactory and did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, the applicant's record of service is insufficiently meritorious to warrant a general or honorable discharge.

3.  The applicant has not presented any evidence to show that the discharge process was flawed, in error or unjust.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

x_____ x______x______  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 AR20060012377, dated 22 May 2007.




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          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.