MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 January 1999                   
	DOCKET NUMBER:   AC98-121705

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Robert W. Garrett		Member	
	Mr. Curtis L. Greenway		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 discharge under conditions other than honorable be changed to honorable.

APPLICANT STATES:  That his brain injury prior to entering the Army made him unfit for military service.  He also states that his speech impediment and his eight years of education impaired his ability to serve in the Army.  He submits a copy of his separation medical examination that recommends him for further neurological examinations.

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

The applicant was inducted in the Army on 6 April 1971 for a period of 2 years. His induction examination cleared him for entrance in the Army and indicated no brain injury.  He successfully completed basic combat training and advanced individual training, and was awarded military occupational specialty 76A (Supply Specialist). His highest rank attained was private (E-2).

The applicant was to report to Fort Jackson, South Carolina for overseas movement to Germany on 6 October 1971.  He did not report to Fort Jackson and was declared AWOL on 13 October 1971.  He was returned to military control on 21 March 1973 at the Personnel Control Facility, Fort Meade, Maryland.

The applicant was notified on 26 March 1973 of the charges preferred against him for being AWOL from 13 October 1971 through 21 March 1973.  After consulting with counsel he voluntarily submitted a request to be discharged for the good of the service in lieu of trial by court-martial.

The request for discharge was approved by the appropriate authority and on 
23 April 1973 the applicant was discharged from the Army under conditions other than honorable 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 served 
7 months and 8 days of total active service and had 525 days of lost time due to AWOL.  The applicant’s separation medical examination dated 22 March 1973 recommended him for further neurological testing but determined he was cleared for retention/separation. 

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 submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after court-martial charges have been preferred.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
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 voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.

2.  The applicant 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.

3.  The applicant’s induction examination shows that he was cleared for entrance in the Army and that he met medical retention standards.

4.  The applicant’s contention that his speech impediment and eight years of education impaired his ability to serve in the Army is without merit.  Notwithstanding his contentions, the applicant demonstrated he could serve honorably when he attended and successfully completed basic and advanced individual training.

5.  The applicant’s separation medical examination recommended him further neurological examinations.  However, his separation medical examination determined that he was qualified for retention/separation. 

6.  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

____X____  ____X____  ____X____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
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.