MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 March 1999
	DOCKET NUMBER:   AR1998013450

	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:

	Mr. James E. Vick		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Allen L. Raub		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 a general discharge (GD) or an honorable discharge (HD).

APPLICANT STATES:  That he was young and immature; that his mother passed away and he was having marital problems that ultimately resulted in divorce.

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

He was born on 24 June 1948 and inducted into the Army of the United States for 2 years on 5 August 1966 at 18 years of age.  He was trained as an infantryman and sent to Vietnam, arriving there on 14 February 1967.

The applicant’s mother passed away on 29 April 1968.  He continued to serve honorably until he was honorably discharged on 22 August 1968 in order to reenlist for the Regular Army.  He enlisted for 3 years on 23 August 1968 for an assignment in Vietnam as a postal clerk.  He continued to serve in Vietnam until 20 September 1968 when he was reassigned to Fort Riley, Kansas.

Upon his assignment to Fort Riley, the applicant began to exhibit substandard behavior and disciplinary problems.  He received four nonjudicial punishments (NJP) under Article 15, Uniform Code of Military Justice, on 27 February 1969 for AWOL; on 1 July 1969 for failing to go to his place of duty and negligent driving; on 12 December 1969 for AWOL; and on 7 March 1970 for AWOL.  He was AWOL a total of five times for 249 days.  Following his last AWOL (14 July 1970 through 16 October 1970), court-martial charges were preferred against the applicant.  After consulting with legal counsel, he voluntarily requested separation under the provisions of Chapter 10, Army Regulation 635-200, for the good of the service to avoid trial by court-martial.  His request was approved and he was separated with a UD on 7 December 1970.  He had a total of 3 years, 7 months, and 27 days of creditable service and 249 days of lost time due to AWOL.

The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade.  On 28 April 1980, the ADRB denied his request.

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, 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 Board noted that the applicant met entrance qualification standards to include age.  The Board further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.  Furthermore, the applicant’s mother passed away in April 1968, but the applicant reenlisted in August 1968 and his disciplinary problems did not begin until almost 1 year after his mother’s death.

3.  The applicant’s voluntary request for separation under the provisions of Chapter 10, Army Regulation 635-200, for the good of the service to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.  The characterization of service awarded was both proper and equitable.

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

      JEV         RWA         ALR        DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013450	
SUFFIX		
RECON		
DATE BOARDED	19990324	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR 635-200  C10	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.