MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:                              
	DOCKET NUMBER:   AR1999026610

	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	
	Mrs. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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 discharge under other than honorable conditions be upgraded to honorable.

APPLICANT STATES:  In effect, that he was an excellent soldier; that he was pending a medical discharge; and that because of his youth and immaturity he chose to be discharged instead of being recycled.  He further states that under current standards the discharge is too harsh; that clemency is warranted and that it is unfair for him to continue to suffer the adverse consequences of his discharge.  The applicant submitted three statements on his behalf.

COUNSEL CONTENDS:  That the board consider the evidence and statements presented by the applicant, grant clemency, and upgrade the discharge.

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

On 19 January 1973 the applicant enlisted in the Regular Army for a period of 4 years.  He enlisted for the US Army Regular Enlistment Option.  He successfully completed basic combat training (BCT) at Fort Knox, Kentucky.  On 29 March 1973, upon completion of BCT he was assigned to Fort Leonard Wood, Missouri for Advanced Individual Training (AIT).

On 7 May 1973 the applicant departed his unit in an AWOL status and remained in that status until 1 June 1973.  The applicant was apprehended by civilian authorities and returned to military control.  He was confined from 2-13 June 1973.

On 20 June 1973 the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ for AWOL.  His punishment consisted of a forfeiture of $150.00 for two months and 45 days restriction and extra duty.

On 26 August 1973 the applicant departed his unit in an AWOL status and remained in that status until 16 October 1973.  On 5 November 1973 the appropriate authority approved the applicant’s request for discharge under the provisions of chapter 10, AR 635-200 for the good of the service in lieu of trial by court-martial with an under other than honorable conditions discharge.  On 7 November 1973 the applicant once again departed his unit in an AWOL status.  

Accordingly, on 9 November 1973 the applicant was discharged after completing 6 months and 20 days of active military service and accruing 93 days of lost time.

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

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.

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 evidence of record does not support the applicant’s contentions, in effect, that he was young and immature when he committed the misconduct and that his discharge is unfair and too harsh due to the adverse consequences brought by his type of discharge, neither did he provide any independent corroborating evidence in support of his contentions.  The Board concluded the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct that led to the separation action under review.  The Board found the applicant to be no less mature than the soldiers that complete BCT and AIT.

2.  The 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 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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR199902661	
SUFFIX		
RECON		
DATE BOARDED	199908DD	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19731109	
DISCHARGE AUTHORITY	AR 635-200 C10	
DISCHARGE REASON	In lieu of trial by court-martial	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.9201		
2.9301		
3.9321		
4.9401		
5.9407		
6.