MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            18 February 1999
	DOCKET NUMBER:   AC98-12551
				   AR1998013152

	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	
	Ms.	Deyon D. Battle		Analyst	

	The following members, a quorum, were present:

	Mr.	Thomas N. Kuhn		Chairperson	
	Mr.	John P. Infante		Member	
	Mr.	James P. Steuve		Member	

	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:  That his undesirable discharge be upgraded to an honorable or a general discharge.

APPLICANT STATES:  In effect, the type of discharge that he received is too severe considering the nature of his offense.

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

On 15 January 1969, he enlisted in the Army for 3 years in the pay grade of E-1. He successfully completed his training as a water supply specialist.  He was honorably discharged for the purpose of immediate reenlistment on 11 August 1970.  He had completed 1 year, 6 months and 27 days of total active service.  On the following day, he reenlisted for 3 years in the pay grade of E-4.

Nonjudicial punishment (NJP) was imposed against the applicant on 23 September 1970, for being AWOL from 10 September until 22 September 1970.  His punishment consisted of a reduction in pay grade, a forfeiture of pay and extra duty.

On 16 October 1970, NJP was imposed against the applicant for being absent from his appointed place of duty.  His punishment consisted of a reduction in pay grade, extra duty and restriction.

He had NJP imposed against him on 5 January 1971, for again being absent from his appointed place of duty.  His punishment consisted of a forfeiture of pay.

On 23 April 1971, NJP was imposed against him for being disrespectful towards his senior NCO and for disobeying a lawful order from his superior officer.  His punishment consisted of a reduction in pay grade, a forfeiture of pay, restriction and extra duty.

Charges were preferred against the applicant on 6 October 1972, for being AWOL.  He went AWOL on 10 September 1971 and he remained absent until he returned to military control on 1 October 1972.

The applicant was notified that charges were pending against him for being AWOL.  He acknowledged receipt of the notification on 16 October 1972.  After consulting with counsel, he waived his rights and submitted a request to be discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.

The request for discharge was approved by the appropriate authority.  Accordingly, on 27 December 1972, he was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  He had completed 3 years, 1 month and 21 days of total active service and had approximately 388 days of lost time due to AWOL.  He was issued an Undesirable Discharge Certificate.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge under other than honorable conditions is normally considered appropriate.  However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.

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 applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  The applicant had NJP imposed against him on four different occasions for his acts of misconduct.  Moreover, he went AWOL and he remained absent for over 1 year.  Considering the nature of his offenses, it does not appear that an undesirable discharge was too severe.

4.  He chose to request an administrative discharge rather than risk the consequences of a court-martial. Although he may now feel that he made the wrong choice, he should not be allowed to change his mind at this late date.

5.  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

__tnk ___  __jps ___  ___jpi ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013152	
SUFFIX		
RECON	 	
DATE BOARDED	1999/02/18	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  A70.00		
2.  A71.00		
3.  A75.00		
4.  A92.23		
5.		
6.