MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  16 December 1999
	DOCKET NUMBER:   AR1999023855

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Fred M. McCoy		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Raymond V. O’Connor, 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:  In effect, that his undesirable discharge be upgraded to general, under honorable conditions.

APPLICANT STATES:  In effect, that he needs this to obtain a better job.  In a separate statement he says that drugs and alcohol caused his AWOL periods and he feels it was unjust.

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

He enlisted and entered active duty on 31 January 1974 but failed to complete training and never advanced above the grade of E-1.  Beginning on 7 April 1974 he accumulated 262 days of AWOL including two periods declared as desertion. His final AWOL terminated on 21 January 1975.  There is no mention in his personnel or medical records of problems with or treatment for drug or alcohol abuse.

Charges were preferred for the AWOL offenses and on 28 January 1975, after consultation with counsel, he requested discharge for the good of the service in lieu of trial by court-martial.  In his request he acknowledged that he was guilty of the charges against him and that trial by court-martial could lead to a punitive discharge.  He also acknowledged that he may be ineligible for many or all veteran's benefits and may encounter prejudice in civilian life based on the type of discharge he may receive if his request was approved.  He declined to submit a statement in his own behalf.

The separation authority approved the request and directed issuance of an undesirable discharge.  Effective 21 February 1975 the applicant was separated under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10.  He had 3 months and 16 days creditable service and 275 days lost time.

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.

The Uniform Code of Military Justice, table of maximum punishments, notes that AWOL in excess of 30 days is punishable with a bad conduct discharge and 12 months in prison.

There is no evidence that he ever applied to the Army Discharge Review Board within the 15 year time limit to request review of his 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 contention that his AWOL was the result of drug and alcohol abuse is not supported by the evidence of record and would likely not have mitigated his eventual undesirable discharge after only a short period of service.

3.  The applicant's request for a chapter 10 discharge, even after appropriate and proper consultation with a military lawyer, tends to show he wished to avoid the court-martial and the punitive discharge that he might have received.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.

4.  While the Board is empathetic, the applicant's personal problems are not sufficiently mitigating to warrant an upgrade of his discharge.

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

_FM____  __SK____  __RO___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023855	
SUFFIX		
RECON		
DATE BOARDED	19991216	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19750221	
DISCHARGE AUTHORITY	AR 635-200, CH 10	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.