MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            11 February 2000                 
	DOCKET NUMBER:   AR1999025385

	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.

	Ms. Antoinette E. Farley		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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:  In effect, he relies on his service record in support of his application.

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

On 17 October 1967, he was inducted for 2 years.  He completed his basic
training in military occupational specialty (MOS) 94B20 (Cook) at Fort Bliss,
Texas.  On 11 April 1968, he was transferred to Germany and the highest rank
he attained was private first class, pay grade E-3.

On 22 April 1968, the applicant received a summarized nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, (UCMJ) for failure to repair.  His punishment included restriction to the company area and extra duty for 14 days.

On 28 September 1968, the applicant received a second NJP for disorderly conduct and escaping from lawful custody of the military police.  His punishment included reduction to pay grade E-2, forfeiture of $20.00 pay with extra duty for
5 weeks. 

On 29 October 1968, he was convicted by a special court-martial of being
absent from his place of duty on 17 October 1968 and for being disrespectful in language towards his superior, noncommissioned officer (NCO).  He was sentenced to confinement at hard labor for 3 months, forfeiture of $68.00 pay per month for 3 months and reduction to pay grade E-1. 

On 20 April 1969, he was convicted by a special court-martial of inflicting bodily harm on an enlisted member on 13 March 1969 for assaulting another enlisted man by kicking and striking him on or about the head, which caused a cerebral concussion.  He was sentenced to confinement at hard labor for
2 months, forfeiture of $73.00 pay per month for 2 months and received a verbal reprimand.

On 6 December 1969, he was convicted by a special court-martial of having possession of a switchblade knife; two Specifications of assault toward another enlisted man; and for being drunk and disorderly on 30 September 1969.  He was sentenced to confinement at hard labor for 4 months and to be discharged from the service with a bad conduct discharge (BCD).  On the same day, the applicant was initially confined at US Forces Confinement Facility, Mannheim, Germany, and on 6 February 1970 was transferred to Fort Dix, New Jersey, to complete the remainder of his confinement. 

On 18 April 1970, while awaiting separation processing, he departed absent without leave authorization (AWOL).  There is no indication that his BCD directed by the special court-martial on 6 December 1969 was ever executed.

He returned to military control on 2 April 1973 and was held at the USA Personnel Control Facility, Fort Carson, Colorado.  He was charged with violation of the Uniform Code of Military Justice, Article 86, for AWOL on 3 April 1973.

On 4 April 1973, the applicant consulted with legal counsel, and voluntarily requested discharge under the provisions of Chapter 10, Army Regulation 
AR 635-200, for the good of the service and in lieu of trial by court-martial.  He did not submit a statement in his own behalf.  His chain of command recommended approval of his discharge. 

On 18 April 1973, the separation authority approved the applicant’s separation with a UD.

On 11 June 1973, he was separated under the provisions of chapter 10, Army Regulation 635-200, for the good of the service-in lieu of trial by court-martial, with a UD.  He had 2 years, 7 months and 15 days of creditable service and 
1108 days of lost time due to being AWOL and confinement.

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 a UD discharge.

The applicant did not make application to the Army Discharge Review Board (ADRB) within the time limit established by that board.

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 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 administratively correct and in conformance with applicable regulations. 

3.  Therefore, the type of discharge directed and the reason for discharge was appropriate considering the facts of the case.

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

__MKP__  __GDP__  __TBR  __  DENY APPLICATION

					Karl F. Schneider
					Director, Army Review Boards Agency

INDEX

CASE ID	AR1999025385	
SUFFIX		
RECON		
DATE BOARDED	20000211	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19730611	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	01.00	
2.		
3.		
4.		
5.		
6.