MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:   AC9809855

	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	
	M		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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:  In effect, that his discharge under other than honorable conditions (UOTHC) be upgraded.

APPLICANT STATES:  That he was already having flashbacks and he lost control.  He served two tours with honorable service.  He had trouble, got a       7-day leave, went home and never went back.

COUNSEL CONTENDS:  Counsel makes no contention.

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

He initially enlisted in the Regular Army on 28 June 1967.  He served in Vietnam from 10 December 1967 to December 1968 and from 10 September 1969 to       20 June 1970 where he earned the Air Medal and the Purple Heart.  He was relieved from active duty on 20 June 1970.  He reenlisted in the Regular Army on 12 November 1970.  He arrived for a third tour in Vietnam on 16 August 1971.

The applicant was given a 7-day rest and recreation leave to his home in Zuni, NM from 13 to 26 February 1972.

On 27 February 1972, the applicant was reported absent without leave (AWOL). He surrendered to military authorities on 3 April 1978.

On 7 April 1978, court-martial charges were preferred against the applicant charging him with being AWOL for the period 27 February 1972 to 3 April 1978.

On 7 April 1978, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Chapter 10, Army Regulation  635-200 for the good of the service in lieu of trial by court-martial.  The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits.  He submitted a statement in his own behalf wherein he stated he should receive a better discharge because he had had an honorable discharge, served three tours in Vietnam where, although he was a Personnel Specialist, he volunteered for combat duty and was awarded the Air Medal and the Purple Heart, that although he was AWOL he offered his services to the Zuni Fire Department as a volunteer, and he turned himself in.

He completed a separation physical and was found qualified for separation.

On 18 April 1978, the appropriate authority approved the request and directed the applicant receive a discharge UOTHC.

On 25 April 1978, the applicant was discharged, with a discharge under other than honorable conditions, in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 10, discharge in lieu of trial by court-martial.  He had completed 4 years, 4 months and 2 days of creditable active service and had 624 days of lost time plus 1,603 days of lost time subsequent to his expiration term of service (ETS). 

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.

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 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 administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  Considering the length of AWOL during that enlistment, an under other than honorable conditions discharge was appropriate.

3.  The applicant has provided no evidence to show there were any medical or other mitigating reasons for his prolonged AWOL.

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

                       DENY APPLICATION

					Loren G. Harrell
					Director