MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            16 December 1998 
	DOCKET NUMBER:   AC98-12682

	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. Jessie B. Strickland 		Analyst	

The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Carol Jo Suiter		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 undesirable discharge be upgraded to honorable.

APPLICANT STATES:  That he was good soldier who served in Vietnam and that upon returning home, his immaturity coupled with his marital problems caused him to go AWOL.  He further states that he needs his discharge upgraded so that he can obtain VA benefits.

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

The applicant enlisted on 1 August 1968 for a period of 2 years.  He successfully completed his training as a light weapons infantryman and was transferred to Vietnam on 22 January 1969.

On 22 June 1969 he was granted 30 days emergency leave to return to the United States.  The applicant was scheduled to report back to his unit on 23 July 1969 and failed to do so.

On 15 August 1969 nonjudicial punishment was imposed against the applicant at Fort George Meade, Maryland for being AWOL from 23 July to 2 August 1969.  His punishment consisted of 14 days restriction and extra duty.

Although not explained in the available records, the applicant remained at Fort Meade and again went AWOL from 11 November to 15 November 1969.  On 26 November 1969 NJP was imposed against him for the AWOL offense.  His punishment consisted of a reduction to the pay grade of E-3 (suspended for 30 days), a forfeiture of pay, and extra duty for 14 days.

On 14 March 1970, NJP was imposed against the applicant for failure to go to his place of duty (guard duty).  His punishment consisted of a reduction to the pay grade of E-3, a forfeiture of pay, and extra duty and restriction for 14 days.

The applicant again went AWOL from 8 April 1970 until 7 May 1970 and from 5 June 1970 until he was apprehended by civil authorities on 20 August 1970.  He was returned to Fort Meade and charges were preferred against him for his AWOL offenses.

On 22 September 1970, after consulting with counsel, the applicant submitted a request for discharge for the good of the service, in lieu of trial by court-martial.

The appropriate authority approved his request on 2 October 1970 and directed that he be furnished with an Undesirable Discharge Certificate.

Accordingly, he was discharged under other than honorable conditions on 2 October 1970, 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 1 year, 9 months, and 28 days of total active service and had 123 days of lost time due to AWOL and confinement.

There is no evidence in the available records to show that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of the 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 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.  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.  Accordingly, the type of discharge directed and the reasons therefore appear to be appropriate considering all of the facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However, the evidence submitted with his application and the evidence of record fail to support his contentions.  Likewise, the offenses for which he was charged are too serious and his record of service is too undistinguished to warrant relief. 

4.  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.

5.  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

__emw __  __lem___  __cs____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12682	
SUFFIX		
RECON	 	
DATE BOARDED	1998/12/16	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1970/10/02	
DISCHARGE AUTHORITY	AR635-200, ch10	
DISCHARGE REASON	Awol	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  A71.00		
2.  A93.01		
3.  A93.09		
4.		
5.		
6.