MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            8 July 1999
	DOCKET NUMBER:   AR1999020973

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Roger W. Able.		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 an honorable discharge.

APPLICANT STATES:  That he was not offered rehabilitation or nonjudicial punishment (NJP).  In support of his appeal he submits an undated typewritten statement taken by a dentist pertaining to his teeth, an undated statement to this Board listing the reasons he believes his discharge should be upgraded, a statement addressed to the Army Discharge Review Board dated 29 January 1998 explaining how his life has changed since his discharge and a letter from the Oregon Trail Council/Boy Scouts of America dated January 1998 reflecting his involvement with the Boy Scouts.

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

On 22 January 1970, he enlisted in the Oregon Army National Guard (ORARNG) for 6 years in the pay grade of E-1.  He successfully completed his training as an infantry direct fire crewman.  

He was discharged from the ORARNG on 31 July 1973, for unsatisfactory participation in Reserve training assemblies after he completed 3 years, 6 months and 10 days of his 6-year commitment.  He was issued a General Discharge Certificate and he was transferred to the USAR to complete his Reserve obligation.  On 1 August 1973, he was involuntarily ordered to active duty and was transferred to Germany. 

The available records show that the applicant went AWOL on 8 March 1974 and he remained absent until he was apprehended by civil authorities in Oregon and was returned to military control on 7 August 1974.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Report of Transfer or Discharge, DD Form 214, indicates that the applicant was discharged on 1 October 1974, 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 completed 1 year, 2 months and 10 days of total active service and he had 153 days of lost time due to AWOL.  He was issued an Undesirable Discharge Certificate.

There is no evidence that the applicant ever 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 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 the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with his overall record.

2.  The applicant’s contentions have been noted by the Board.  However, the fact that he was not afforded the opportunity to accept NJP or offered rehabilitation does not dismiss the fact that he went AWOL and that he remained absent for 153 days.  He was given the option of standing trial by court-martial and he chose to submit a request for discharge for the good of the service which tends to show he wished to avoid a court-martial and the punitive discharge that he might have received.

3.  The Board has taken cognizance of the applicant's good post-service conduct.  However, that in itself does not warrant the relief requested given the offenses for which he was charged and his otherwise undistinguished record.

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

__rwa ___  __ro____  __jh ____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999020973	
SUFFIX		
RECON		
DATE BOARDED	1999/07/08	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1974/10/01	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	689	
BOARD DECISION	NC	
REVIEW AUTHORITY		
ISSUES         1.  708	A71.00/144.7100	
2.		
3.		
4.		
5.		
6.