MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:            18 February 1999
	DOCKET NUMBER:   AR1999018062

	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	
	Ms. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Mr. John P. Infante		Member	
	Mr. James P. Steuve		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 discharge under other than honorable conditions be upgraded to honorable.  

APPLICANT STATES:  In effect, that the nightmare began after he enlisted under the Buddy Plan.  He enlisted to further his education in cooking; however he was held back in basic training and received his buddy’s infantry MOS instead.  He states he was wounded by friendly fire in Vietnam and had a problem with alcohol.  He goes on to state that his wife left him, his father died of alcoholism and that he is now sober and trying to better himself.  In support of his application, he submits a letter from his alcohol therapist dated 14 July 1998, a character reference letter, and three letters from members associated with Alcoholics Anonymous.

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

The applicant enlisted on 24 June 1968 for a period of 3 years.  While in advanced individual training (AIT) at Fort Polk, Louisiana, nonjudicial punishment (NJP) was imposed against the applicant on 5 November 1968 for failing to go to his appointed place of duty.  His punishment consisted of a forfeiture of pay and 14 days of extra duty and restriction.

On 7 December 1968, while in AIT, NJP was again imposed against the applicant for being AWOL for approximately three hours.  His punishment consisted of a forfeiture of pay and 6 days of extra duty and restriction.

He was transferred to Vietnam on 9 January 1969 and initially served as a rifleman.  On 10 March 1969 the applicant was honorably discharged and immediately reenlisted for 3 more years.  He served as a cook, was advanced to E-4 in November 1969 and returned to the states in January 1970.

On 10 February 1971 the applicant was convicted by summary court-martial (SCM) of two specifications of AWOL (22 October 1970 to 10 December 1970; and 11 December 1968 to 25 January 1969).  His punishment consisted of a reduction to pay grade E-3 and 15 days of restriction.  The convening authority approved only so much of the sentence as provided for reduction to the pay grade of E-3.    

On 16 July 1971 the applicant was again convicted by SCM of being AWOL from 22 March 1971 to 23 June 1971.  His punishment consisted of confinement at hard labor for 30 days, forfeiture of $100.00 for 1 month and a reduction to pay grade E-1.  The convening authority approved the sentence.   

The applicant went AWOL from 14 August 1971 to 24 January 1972.

On 3 February 1972 charges were preferred against the applicant for the aforementioned AWOL.  Trial by special court-martial was recommended.

On 15 February 1972, after consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He indicated in his request that he understood that he could receive an undesirable discharge and that he personally made the choice to submit his request.  He submitted a statement in his own behalf and stated that he had two previous court-martials and he went AWOL because of a death in his family, his wife’s nervous condition and his own nervous condition as a result of his service in Vietnam.  He contended that he did his part for his country as evidenced by his ten ribbons and awards and his service in Vietnam.  He further stated that it would be in his best interest and the Army’s to request a 200 discharge.       

The intermediate commanders recommended that the applicant’s request for discharge be approved and that he be issued an Undesirable Discharge Certificate. 

Although the approval authority’s action is not contained in the available records; the applicant’s DD Form 214 shows that he was discharged under other than honorable conditions on 2 March 1972 under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He had served 3 years and 12 days of total active service and had 235 days of lost time due to AWOL and confinement.

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, 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 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.

3.  Careful consideration has been given to the applicant’s contentions and supporting documents.  However, his repeated AWOL’s and extensive absence for which court-martial charges had been preferred against him is too serious, and his service was too undistinguished to warrant relief.

4,  The applicant chose to request an administrative discharge rather than risk the consequences of a court-martial.  Although he may now feel that he made the wrong choice, he should not be allowed to change his mind at this late date.

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

__tnk ___  __jps ___  ___jpi ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018062	
SUFFIX		
RECON	 	
DATE BOARDED	1999/02/18	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1972/03/02	
DISCHARGE AUTHORITY	AR635-200, Ch. 10	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  A70.00		
2.		
3.		
4.		
5.		
6.