MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 February 1999                   
	DOCKET NUMBER:   AR1999014932

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Van B. Cunningham		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:  That his undesirable discharge be upgraded to honorable or under honorable conditions

APPLICANT STATES:  That he was not able to adjust to military life.  He is currently disabled and needs VA benefits.  He went into the service but things just didn’t work out. He submits three letters of character reference in support of his application.

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

He enlisted and entered active duty on 19 December 1972.  He was AWOL for 4 days beginning on 13 January 1973 and was punished under Article 15, UCMJ.  He was AWOL again from 3 to 27 March 1973 and was again punished under Article 15, UCMJ. The applicant was AWOL for a third time from 30 March to 5 July 1973 when he was apprehended by civil authorities and returned to military control.

On 10 July 1973 charges were preferred for the AWOL offense.  After consulting with counsel he submitted a request for discharge in lieu of trial by court-martial.  In the request he acknowledged that he may be discharged under other than honorable conditions and may be ineligible for many or all veterans benefits.  In a statement on his own behalf the applicant stated that he was fed-up with the Army and will keep going AWOL until he gets out.

At a 19 July 1973 mental status evaluation the applicant's behavior was normal.  He was fully alert and oriented and displayed a level mood.  His thinking was clear, his thought content normal and his memory good.  There was no significant mental illness.  The applicant was mentally responsible.  He was able to distinguish right from wrong and to adhere to the right.

The commander’s endorsement states that the applicant’s conduct and attitude toward military life indicates a total lack of rehabilitative potential and he recommended approval of the request with an undesirable discharge.  On 9 August the separation authority approved the request, noting that the applicant’s service was below acceptable standards.  Separation with issuance of an undesirable discharge certificate was directed.

Effective 20 August 1973 the applicant was discharged in absentia because he was again AWOL since 15 August 1973.  He was discharge under authority of Army Regulation 635-200, chapter 10 under other than honorable conditions.  He had 3 months and 21 days creditable service and 131 days lost time.

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 charges have been.  A discharge under other than honorable conditions is normally considered appropriate.

On 4 February 1999 the Board, by majority vote, (COPY ATTACHED) voted to excuse the applicant’s failure to timely file and allow a review of the case on its’ merits.

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 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 VA benefits.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant's overall record of military service.

3.  While the Board is empathetic, the applicant's personal problems do not mitigate his previous record of indiscipline nor warrant an upgrade now of his prior undesirable discharge.

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

__INW___  __VBC___  __CJS___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014932	
SUFFIX		
RECON		
DATE BOARDED	19990211	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19730820	
DISCHARGE AUTHORITY	AR 635-200, CH 10	
DISCHARGE REASON	A71.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.