MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:           23 February 2000
	DOCKET NUMBER:   AR1999025252

	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. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Mr. Raymond J. Wagner		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.

APPLICANT STATES:  That he was on post during the period he was classified as AWOL, that he was where his orders told him to go.  

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

He was inducted on 13 February 1969.  Although he completed basic training, he failed to complete advanced individual training due to AWOL.

On 3 April 1969, while in basic training, the applicant was administered nonjudicial punishment under Article 15, UCMJ, for sleeping on guard duty.

On 11 July 1969, the applicant was tried by summary court-martial and found guilty of AWOL from 8 May 1969 to 14 June 1969.  He was sentenced to confinement at hard labor for 1 month (suspended for 1 month), and forfeiture of $60.00.

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 he was discharged on 10 December 1969 for the convenience of the government under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial, and was issued an Undesirable Discharge Certificate.  The applicant had 5 months and 6 days of creditable service and 143 days of time lost.  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.

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.

There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

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.  The applicant’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, to avoid trial by court-martial is presumed to be administratively correct and in conformance with applicable regulations.  This Board also presumes administrative regularity in the processing of the applicant’s discharge.  There is nothing in the available records or in anything submitted by the applicant to overcome that presumption.

2.  The applicant’s request for a chapter 10 discharge tends to show he wished to avoid the court-martial and the punitive discharge that he might have received.

3.  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.

4.  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___  ___eb____  __rjw___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999025252	
SUFFIX		
RECON		
DATE BOARDED	20000223	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19691210	
DISCHARGE AUTHORITY	AR635-200 CH10	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.