MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           23 November 1999    
	DOCKET NUMBER:   AR1999025441

	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	
	Ms. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Orville W. Troesch, 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 discharge under other than honorable conditions be upgraded to an honorable discharge (HD).

APPLICANT STATES:  In effect, that his discharge under other than honorable conditions has persistently kept him from many fields of employment creating undue hardship to his family.  Further, that he was drafted during the Vietnam conflict and did not support the war effort.

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

On 24 March 1969 he was inducted into the Army of the United States for a period of 2 years.  He successfully completed basic combat training at Fort Hood, Texas, and was assigned to Fort Sill, Oklahoma for advanced individual training (AIT) on 27 May 1969.

The record shows that the applicant did not complete AIT.  The applicant’s record documents that the highest permanent rank he held on active duty was private/E-1 and that the record contains no documented acts of valor, achievement, or service warranting special recognition.

On 30 May 1969 he went AWOL and remained absent until 24 August 1969.  On 27 August 1969 he was convicted by special court-martial (SPCM) for violation of the UCMJ, Article 86.  He was sentenced to confinement at hard labor for 6   months (suspended for 6 months) and forfeiture of $50 per month for 6 months.

On 17 September 1969 he went AWOL.  On 16 October 1969 the applicant was dropped from the rolls as a deserter.  He surrendered to military authorities at Fort Hood, Texas, on 29 September 1975.

On 7 October 1975 he requested a Chapter 10 discharge in lieu of trial by court-martial.  His discharge was approved by proper authority and he was subsequently discharged on 4 November 1975 under the provisions of AR 635-200, Chapter 10, with an Undesirable Discharge Certificate.  He was credited with 3 months and 24 days of active military service.

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. 

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, and advisory opinion(s), it is concluded:

1.  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.  There is no indication that the request was made under coercion or duress.

2.  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.

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

__sac___  ___gdp__  ___owt___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR199905441	
SUFFIX		
RECON		
DATE BOARDED	19991123	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19751104	
DISCHARGE AUTHORITY	AR 635-200, C10	
DISCHARGE REASON	7100	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1.  9217		
2.  0100		
3.  9500		
4.		
5.		
6.