MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            29 December 1999
	DOCKET NUMBER:   AR1999027987

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Christopher J. Prosser		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 only 17 years of age at the time of his discharge and he did not understand the consequences of such a discharge.

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

The applicant enlisted with parental consent on 27 June 1968 for a period of 3 years.  He successfully completed his basic training at Fort Lewis, Washington and was transferred to Fort Bliss, Texas to undergo advanced individual training. However, the applicant failed to report as ordered and was reported as AWOL from 22 October to 23 November 1968 when he was returned to military control at the Presidio of San Francisco, California.  The applicant again went AWOL from 25 November to 30 November 1968 and from 2 December to 18 December 1968.

On 21 March 1969 he was convicted by a special court-martial of the aforementioned AWOL offenses and two specifications of breaking restriction on 8 January and 19 February 1969.  He was sentenced to perform hard labor without confinement for 3 months and a forfeiture of pay.

On 13 May 1969 he was convicted by a special court-martial of being AWOL from 3 April to 23 April 1969.  He was sentenced to confinement at hard labor for 5 months and a forfeiture of pay.

The applicant again went AWOL on at least 11 occasions during the period 4 October 1968 to 2 August 1970 and was still in a trainee status.

The facts and circumstances surrounding the applicant’s discharge are not present in the available records.  However, his records do contain a duly constituted report of separation (DD Form 214) which indicates that the applicant was discharged under other than honorable conditions on 11 August 1970, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by       court-martial.  He had served 11 months of total active service and had 440 days of lost time due to AWOL and confinement.  

There is no indication in the available records to show that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of the 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 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.  In the absence of evidence to the contrary, it must be presumed that 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.

2.  Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.

3.  A request for discharge under Army Regulation 635-200, chapter 10, in lieu of trial by court-martial requires a voluntary request on the part of the individual concerned.  Therefore, it appears that he voluntarily requested a discharge for the good of the service in hopes of avoiding a punitive discharge and having a felony conviction on his records.  While he may now believe that he made the wrong choice, he should not be allowed to change his mind at this late date.

4.  The applicant’s contentions have been noted by the Board; however, they are not sufficiently mitigating when compared to the seriousness of his offense and his otherwise undistinguished record of service.

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

__gp____  ___cjp __  ___clg___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999027987	
SUFFIX		
RECON		
DATE BOARDED	1999/12/29	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1970/08/11	
DISCHARGE AUTHORITY	AR 635-200, CH10	
DISCHARGE REASON	GOOD OF THE SVC	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  689 	144.7000/A70.00	
2.		
3.		
4.		
5.		
6.