MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            10 June 1999
	DOCKET NUMBER:   AR1998013843

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, Jr.		Member	

	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 discharge in order to receive Veterans Benefits.

APPLICANT STATES:  That his discharge was too harsh considering the nature of the offense.

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

The applicant entered active duty on 27 February 1967 as communication center specialist.  He continued to serve until he was honorably discharged on 19 December 1968 for the purpose of reenlisting.  He reenlisted on 20 December 1968.

On 13 May 1969, nonjudicial punishment (NJP) was imposed against the applicant for being AWOL from 8 April 1969 to 8 May 1969 (31 days).  His punishment consisted of a reduction to the pay grade of E-3.

On 6 September 1969, NJP was imposed against the applicant for wrongfully using marijuana.  His punishment consisted of a reduction to the pay grade of
E-2 and 14 days extra duty and restriction.

The applicant’s personnel records show that he went AWOL on 2 January 1970 and remained AWOL until 22 January 1970 (21 days).

The applicant underwent a separation medical examination on 8 February 1972 and was found qualified for separation.

The facts and circumstances pertaining to the applicant’s discharge are not present in the available records.  However, his DD Form 214 shows that on 28 March 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 was furnished an Undesirable Discharge Certificate.  He had a total of 
4 years, 11 months, and 10 days of creditable service and 52 days of lost time due to AWOL

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations

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.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no procedural errors, which would tend to jeopardize his rights

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

3.  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.  

4.  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

SAC____  SLP_____  EJA_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013843	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990610	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19720328	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 191		
2.		
3.		
4.		
5.		
6.