MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            22 December 1999                  
	DOCKET NUMBER:   AR1999022309

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Mr. Arthur A. Omartian		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 his Undesirable Discharge (UD) be upgraded to an Honorable Discharge (HD).

APPLICANT STATES:  That his UD is inequitable because it was based on a few isolated incidents over 24 months; that he was young; that he did not have a high school education or a General Equivalency Diploma (GED); that his mother had a heart problem and his desire to be with her led him to go AWOL; and that he doesn’t know how he got in the Army in the first place because his test scores were not good.

In support of his application, he submits a DD Form 293, Application for The Review of Discharge or Dismissal from The Armed Forces of The United States.

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

He was born on 20 October 1951 and enlisted in the Regular Army for 3 years on 28 September 1969.  He was 17 years old and had a ninth grade education at the time of his enlistment.  Following completion of all required military training, he was assigned to a unit at Fort Belvoir, Virginia, on or about 16 February 1970, with duty as a light vehicle driver.

The applicant’s disciplinary record at Fort Belvoir was poor.  On 9 March 1970, he received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for failing to go to his place of duty on 2 March 1970.

On 14 March 1970, the applicant was notified that his mother was hospitalized with a heart problem.  On 15 March 1970, the applicant’s father called and told him that there was no need to worry.  On 27 March 1970, the applicant received a 3-day pass, which was repeatedly extended through 4 May 1970.  On 6 May 1970, he disobeyed a lawful order and received his second NJP on 14 May 1970.

On 9 August 1970, he again went on leave because of his mother’s medical condition; this leave was extended through 6 September 1970.  He returned to Fort Belvoir, but on 26 September 1970, he received another 3-day pass in order to go to Detroit, Michigan, to attempt to arrange a compassionate reassignment to the Tank-Automotive Command located near his parent’s home.  He was granted extensions on this 3-day pass, then carried on leave through 20 October 1970.  On 21 October 1970, he called his unit at 2230 hours to request another leave extension.  His request was denied and he was carried as AWOL.

The applicant was AWOL from 21 October 1970 through 29 November 1970.  When he returned to Fort Belvoir, he received his third NJP on 13 January 1971 for being AWOL.  He received a fourth NJP on 8 February 1971 for failing to perform extra duty received as punishment for being AWOL.

The applicant was AWOL again from 4 March 1971 through 19 April 1971.  Before any disciplinary action could be taken, he went AWOL again from 29 April 1971 to 8 August 1971.  Upon his return to military control at Fort Ord, California, court-martial charges were preferred against him and he requested discharge in lieu of trial by court-martial under the provisions of Chapter 10, AR 635-200.  Before his chain of command could act on his request, he went AWOL again on 22 August 1971 and never returned.  His records were transferred to the Personnel Control Facility, Fort Riley, Kansas, and he was discharged in absentia with a UD on 18 February 1972.  He had 2 years, 1 month, and 14 days of creditable service and more than 189 days of lost time due to AWOL.

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 was a substandard soldier with a poor disciplinary record.  His chain of command was extremely accommodating in granting him leave and passes to visit with his mother; however, the applicant chose to go AWOL.  When he was punished, he went AWOL again and ended up in California, not in Michigan where his parents lived.  When he requested discharge in lieu of a trial by court-martial, he went AWOL before action could be taken on his request.

3.  A copy of 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 not in the file; however, the Board presumes administrative regularity in the discharge process.

4.  The applicant was 19 years old when he committed the AWOL offenses for which he was separated with a UD.  Youth and immaturity were not factors in his offenses, nor were his offenses isolated acts.  He committed numerous acts of going AWOL, as well as other acts of indiscipline like failure to go to his place of duty and disobeying a lawful order.

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

__RVO__  __AAO__  __EWL__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022309	
SUFFIX		
RECON		
DATE BOARDED	19991222	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19720218	
DISCHARGE AUTHORITY	AR 635-200 C10	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.