MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 August 1999
	DOCKET NUMBER:   AR1999022484

	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. Calvin M. Fowler		Chairperson	
	Ms. Celia L. Adolphi 		Member	
	Mr. Melvin H. Meyer		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 he is a United States citizen who served his country with pride and courage in Vietnam and shouldn’t be denied an HD because of one mistake in life.  He provides a 2-page statement in support of his application.

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

He was inducted into the Army of the United States for 2 years on 2 October 1969.  Upon completion of all required military training, he was transferred from Fort Benning, Georgia, to Fort Bragg, North Carolina, for duty as a light vehicle driver.  The applicant’s DA Form 20, Enlisted Qualification Record, shows that he served at Fort Benning from 3 October 1969 to on/about 8 January 1970.  He arrived at Fort Bragg on/about 11 January 1970.

The applicant went AWOL from 5-7 February 1970.  He was tried and convicted by a summary court-martial on 12 February 1970 and sentenced to 30 days’ confinement at hard labor and reduction to E-1.  In July 1970, he was reassigned to the Overseas Replacement Station, Oakland, California, with a reporting date of 30 July 1970.  He did not report and was listed as AWOL from 30 July to 7 August 1970.  On 10 August 1970, he received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, and was fined $29.00 and reduced to E-2.

The applicant’s record does not indicate that he ever served in Vietnam; his DA Form 20 does not reflect Vietnam service or assignment to any unit in Vietnam and there are no assignment orders in his record transferring him to Vietnam.  What is known from the record is that he went AWOL from his unit at Fort Lee, Virginia, from 9-16 April 1971 and from 28 April to 14 June 1971.  He was returned to military control and placed in confinement at the US Army Personnel Control Facility, Fort Belvoir, Virginia, from 16 June 1971 to 5 July 1971.  During that time, he stated that he went AWOL because of family problems related to a brother’s suicide.

While in confinement, court-martial charges for AWOL were preferred against the applicant on 23 June 1971.  After consulting with defense counsel, the applicant 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 and stated that he was aware of the consequences of a less than fully honorable discharge prior to requesting discharge.  His request was approved and separation with a UD was directed.

On 6 August 1971, the applicant was separated with a UD.  He had 1 year, 7 months, and 8 days of creditable service and 87 days of lost time due to AWOL and confinement.

The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade.  The ADRB, after considering his case on 13 January 1975, denied his request.

Army Regulation 635-200, then in effect, set forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provided, in pertinent part, that a member who had committed an offense or offenses for which the authorized punishment included a punitive discharge could submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request could be submitted at any time after charges had been preferred and must have included the individual's admission of guilt.  Army policy stated that although an honorable or general discharge was authorized, a UD was 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.  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 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.  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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022484	
SUFFIX		
RECON		
DATE BOARDED	19990819	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19710806	
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.