MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            5 January 2000
	DOCKET NUMBER:   AR1999028030

	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. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Mr. John D. Miller		Member	
	Mr. James M. Alward		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 (UOHC) be upgraded to an honorable discharge (HD).

APPLICANT STATES:  In effect, that he went AWOL because he was ordered to go to the field without a sleeping bag in freezing weather.

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

On 10 April 1975 he enlisted as a sergeant/E-5 in the Regular Army for a period of 3 years.  He had prior qualifying honorable service as an infantryman in the U.S. Marine Corps.  He was assigned as a team leader in military occupational specialty (MOS) 11B (Infantryman) to Fort Campbell, Kentucky. 

The applicant’s record documents that the highest permanent rank he held on active duty was sergeant/E-5.

On 20 December 1976 he accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ, for failing to go at the time prescribed to his appointed place of duty on two occasions.  His punishment included reduction to specialist 4/E-4 (suspended for 90 days), forfeiture of $100 per month for 2 months, and 30 days of restriction and extra duty.

On 7 March 1977 the applicant’s vacation of suspension was imposed against him and he was reduced to specialist 4/E-4.

On 3 October 1977 he accepted an NJP for failing to go at the time prescribed to his appointed place of duty.  His punishment included 7 days restriction and extra duty.

The applicant had a series of 3 AWOLS:  20 - 27 March 1978; 29-30 March 1978; and, 3 April – 12 September 1978.  He surrendered to military authorities at Fort Knox, Kentucky.  He indicated that he went AWOL due to the mental harassment, prejudice, and disrespect directed towards him.

He was charged with AWOL from 3 April – 12 September 1978.  The applicant acknowledged notification of the charges, and after legal consultation, he requested discharge in lieu of court-martial under the provisions of Chapter 10, AR 635-200.  

On 13 October 1978 the appropriate authority approved the applicant’s request for discharge and issuance of a UOHC.

Army Regulation 635-200, then in effect, sets forth 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 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.  There is no evidence in the record to support the applicant’s contention that he went AWOL because he was ordered to go to the field without a sleeping bag in freezing weather.  When he surrendered to military authorities, the applicant, in a written statement, indicated that he went AWOL because he changed his mind about the Army because of the prejudice, mental harassment, and disrespect he experienced.

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

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

__ejo____  ___jdm__  __jma___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028030	
SUFFIX		
RECON		
DATE BOARDED	20000105	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19781013	
DISCHARGE AUTHORITY	AR 635-200 C10	
DISCHARGE REASON	7100	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  9217		
 2.  0100		
 3.  9500		
 4.		
 5.		
 6.