MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 December 1999                   
	DOCKET NUMBER:   AR1999028505

	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. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James P. Huber		Member	
	Mr. Arthur A. Omartian		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 (UOTHC) be upgraded. 

APPLICANT STATES: In effect, that when he joined the service at the age of 19, he thought that he had found a home in the Army.  He was proud to serve until he received a call from his mother about one of his brothers who was in trouble with the law he was torn between the service and his family.  His mother told him to come home she needed him.  His father was sick with TB and another brother was causing her problems also.  He went to his Commanding Officer informing him of his family situation, he was told that they would manage without him but like a teenager he ran off.  He further states that he was a kid at the time and that he allowed his dysfunctional family to talk him into leaving his command. 

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

He enlisted in the Regular Army on 20 October 1969, for 2 years, with no prior military service.  He completed 11 years of formal education.

On 28 April 1970, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice (NJP) for being absent without leave (AWOL) from 24 to 27 April 1970.  His imposed punishment was a reduction to pay grade E-1 and a forfeiture of $30.00 pay.

On 18 July 1970, the applicant was convicted by a summary court-martial
for being AWOL from 23 June to 16 July 1970.  His imposed punishment was confinement at hard labor for 30 days, and a forfeiture of $88.00 pay.

On 22 March 1971, court-martial charges were preferred against the applicant for four specifications of being AWOL from 20 July to 13 August 1970, 14 August to 5 September 1970, 9 September to 1 October 1970, and13 November 1970 to 2 January 1971.

On 20 January 1971, the applicant consulted with legal counsel and voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits.  He was afforded the opportunity to submit statements in his behalf, but he declined to do so.

A mental and a physical evaluation found the applicant fit for retention.

On 26 March 1971, the appropriate authority approved the applicant’s request for discharge and directed the issuance of a discharge UOTHC.  On 6 April 1971, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of service with a discharge UOTHC.

Army Regulation 635-200 sets forth the basic authority of the separation of enlisted personnel.  Chapter 10 of that regulation provided, 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 trail by court-martial.  A discharge UOTHC is normally considered appropriate.

On 25 November 1977, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his discharge.

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.  In order to justify correction of a military record the applicant must show to the satisfaction to 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.

2.  The applicant’s request for separation under the provision 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.  The type of discharge and the reasons therefore were appropriate considering all the facts of the case.

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

__rvo ___  __jph ___  __aao ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999028505	
SUFFIX		
RECON		
DATE BOARDED	19991208	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19710406	
DISCHARGE AUTHORITY	AR635-200, Chap 10 .  .  .  .  .  	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.		
3.		
4.		
5.		
6.