MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:          17 June 1999                      
	DOCKET NUMBER:  AR1999016253

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Ernest W. Lutz, Jr.		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 the Board upgrade his discharge.

APPLICANT STATES:  In effect, that he was young and immature at the time of his misconduct, and has since matured.  He further states he regrets the errors of his ways and would hope that his 3 years of good service would be mitigating enough to get him an upgrade of his discharge.

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

On 12 April 1971 the applicant enlisted in the Regular Army for a period of 3 years.  He successfully completed one station unit training (OSUT) at Fort Jackson, South Carolina.  Upon completion of OSUT he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantry), and was assigned to Fort Benning, Georgia.

The applicant’s record reflects that the highest grade he held on active duty was private/E-2 and that he earned the National Defense Service Medal.

Between 7 September 1971 and 19 July 1972 the applicant accumulated seven periods of AWOL totaling 119 days of lost time.

On 17 September 1971 he accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ for without proper authority being absent from his unit.  His punishment consisted of a forfeiture of $30.00 and 14 days restriction and extra duty.

On 23 February 1972 he accepted a second NJP for without proper authority being absent from his unit.  His punishment consisted of a forfeiture of $100.00 per month for two months.

On 18 May 1972 he accepted a third NJP for being asleep on duty.  His punishment consisted of 14 days restriction and extra duty.

On 8 June 1972 he departed his unit in an AWOL status from Fort Stewart, Georgia.  He was dropped from the rolls (DFR) on 10 July 1972, and returned to military control on 20 July 1972.  He was charged with the aforementioned period of AWOL.  On 10 August 1972 the applicant was convicted by special court-martial for this 42-day period of AWOL.  His sentence consisted of a forfeiture of $190.00 per month for 4 months, confinement at hard labor for four months and a reduction in rank to private/E-1.  He was confined at the Correctional Training Facility at Fort Riley, Kansas for 70 days.

On 27 July 1973 he accepted a fourth NJP for without proper authority being absent from his unit.  His punishment consisted of 14 days restriction and extra duty.
On 22 August 1973 the applicant was charged with larceny of government property valued at $430.23.  On 5 November 1973 the applicant, after consulting with counsel voluntarily requested discharge for the good of the service-in lieu of trial by court-martial, under the provisions of chapter 10, AR 635-200.  This request was made after the applicant had been advised by counsel of the basis of his contemplated trial by court-martial, the maximum punishment, and of the possible effects of an undesirable discharge.  The applicant also attested to the fact that he fully understood he would be deprived of many or all Army benefits, that he may be ineligible for many or all benefits administered by the Department of Veteran Affairs, and that he may be deprived of veterans benefits under state and federal law.

On 23 November 1973 the appropriate authority approved the applicant’s request for discharge and directed the issuance of an undesirable discharge.  Accordingly, on 27 November 1973 the applicant was discharged after completing 2 years, 9 months, and 9 days of active military service.

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 preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, 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 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.

2.  The evidence of record is very clear, and shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge and after consulting with counsel, he voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated offenses under the UCMJ.

3.  The applicant's discharge was appropriate because the quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By misconduct and poor duty performance, the applicant diminished the quality of service below that meriting a fully honorable or general discharge.

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

_JLP____  __TAP___  __EWL__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999016253	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990617	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19731127	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	In lieu of trial by court-martial	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.3306		
2.3311		
3.		
4.		
5.		
6.