MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            23 June 1999
	DOCKET NUMBER:   AR1999026873

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Gary F. Geraets		Member	
	Mr. Lester Echols		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 to a general or an honorable discharge.

APPLICANT STATES:  In effect, that the type of discharge that he received is too severe considering the nature of his offense.

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

On 6 April 1970, he enlisted in the Army for 3 years in the pay grade of E-1.  He went on to successfully complete his basic combat training; however, he was unsuccessful in completing his advanced individual training.  

On 12 August 1970, the applicant was convicted by a summary court-martial of being AWOL from 21 July through 3 August 1970.  His sentence consisted of hard labor without confinement, restriction and a forfeiture of pay.

He was convicted by a special court-martial on 20 November 1970, of being AWOL from 21 August through 20 September 1970.  His sentence consisted of a reduction in pay grade and a forfeiture of pay.

The applicant went AWOL again on 30 November 1970, and he remained absent until 3 February 1971.

The facts and circumstances pertaining to the applicant's discharge are not present in the available records.  The Report of Transfer or Discharge (DD Form 214) indicates that the applicant was discharged on 12 April 1971, under the provisions of Army Regulation 635-200, for the good of the service in lieu of trial by court-martial.  He had completed 8 months and 19 days of total active service and he had a total of 108 days of lost time due to AWOL.  He was issued a Undesirable Discharge Certificate.

There is no evidence in the available records that show that the applicant ever applied to the Army Discharge Review Board within it’s 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. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable 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 the absence of evidence to the contrary, it must be presumed that the applicant's administrative separation was accomplished in compliance with applicable regulations in effect at the time.

2.  Accordingly, the type of discharge directed and the reasons therefor were appropriate considering the available facts of the case.

3.  In view of the applicant's acts of indiscipline and otherwise undistinguished record of service, it does not appear that relief is warranted in his case.

4.  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.

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

___mkp _  ___gg ___  ___le ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999026873C	
SUFFIX		
RECON		
DATE BOARDED	1999/06/23	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1971/04/12	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	689	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  708	A71.00/conduct triable by CM: AWOL	
2.		
3.		
4.		
5.		
6.