MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 February 1999                   
	DOCKET NUMBER:   AR1998010926

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston 		Chairperson	
	Mr. Arthur A. Omartian 		Member	
	Mr. Van B. Cunningham 		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 (UD) be upgraded to an honorable discharge (HD).

APPLICANT STATES:  That he was young and immature; that promises had been made to him, but not fulfilled; that that he only went AWOL four or five times for a couple of days at a time; that he didn’t hurt anyone or steal anything; and that his punishment was too harsh.

COUNSEL CONTENDS:  Counsel made no comments.

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

He was born on 15 May 1955 and enlisted in the Regular Army for 3 years on 30 June 1972.  Following completion of all required military training, he was assigned to a unit at Fort Carson, Colorado, with duty as an armor crewman.

The applicant had a poor military record.  He received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, on seven occasions.  On 1 August 1973, he received NJP for sleeping on guard duty; on 11 June 1974, he received NJP for failure to obey a lawful order; on 24 June 1974, he received NJP for failure to go to his place of duty; on 6 August 1974, he received NJP for being absent from his place of duty on four occasions; on 11 September 1974, he received NJP for being AWOL from 19 August 1974 to 1 September 1974; on 18 October 1974, he received NJP for missing movement, failure to go to his place of duty (four specifications), and violation of a lawful general regulation; and on 16 January 1975, he received NJP for being AWOL from 16 December 1974 to 10 January 1975.

On 17 January 1975, the applicant’s commander notified him that he was being processed for separation under the provisions of Chapter 13, AR 635-200, for unfitness.  He acknowledged notification, consulted with legal counsel, and made a statement on his own behalf.  On 14 February 1975, the approving authority directed that the applicant be separated with a UD.  He was discharged on 5 March 1975 with 2 years, 8 months, and 5 days of service.  Although his DD Form 214, Report of Separation From Active Duty, indicates no lost time, he did, in fact, have 39 days of lost time due to AWOL.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  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.

2.  The applicant's contention that he was young and immature at the time is not sufficiently mitigating to warrant relief. The Board notes that, although he was only 17 years old when he enlisted, the applicant was 19 years of age at the time of his numerous disciplinary violations in 1974.

3.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the applicant’s discharge is commensurate with his overall record of service.

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

___JHL  _  __AAO__  __VBC __  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998010926	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990204	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	19750305	
DISCHARGE AUTHORITY	AR 635-200/13	
DISCHARGE REASON	A51.00	
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.	144.9301	
3.	144.9405	
4.		
5.		
6.