MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            6 January 2000    
	DOCKET NUMBER:   AR1999028948

	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:

	Mr. Edward Williamson		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Allen L. Raub		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 (UD) be upgraded to honorable.

APPLICANT STATES:  In effect, that he was told at the time of his discharge that he was being separated for reasons of hardship due to his personal and family problems, however, when he received his separation documents, it indicated that he received an undesirable discharge.  He indicates that his grandmother’s illness, as well as his parent’s divorce mitigated his misconduct of record. 

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

On 3 August  1972 the applicant enlisted in the Regular Amy for a period of 4 years.  He was assigned to Fort Jackson, South Carolina, for basic combat training.  Thereafter he was reassigned to Fort Sill, Oklahoma, for training in his military occupational specialty (MOS) 13A (Cannoneer).  

The applicant’s record documents that the highest permanent rank he held on active duty was private/E-1 and that the record contains no documented acts of valor, achievement, or service warranting special recognition.

On 18 September 1972 he accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ, for being AWOL (720911-720916).  His punishment consisted of a forfeiture of $57, and 14 days restriction and extra duty.

On 6 November 1972 the applicant departed AWOL.  He returned to military control on 8 March 1973.  He was returned to duty.

On 23 April 1973 the applicant again departed AWOL.  He was apprehended by civilian authorities and transferred to military control on 4 June 1973.

On 7 June 1973 the applicant was charged with AWOL.  The applicant acknowledged notification of the charges, and after legal consultation, he requested a discharge in lieu of court-martial under the provisions of Chapter 10, AR 635-200.

On 7 June 1973 the appropriate authority approved his discharge and ordered him separated with an Undesirable Discharge Certificate (DD Form 258A).  Accordingly, on 6 July 1973 the applicant was discharged with a UD. 

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.  Chapter 6, AR 635-200, provided for separation of enlisted personnel because of dependency or hardship.

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.  There is no evidence of record to substantiate the applicant’s contention that he requested a hardship discharge due to personal or family problems.  The record shows that the applicant voluntarily requested separation under the provisions of Army Regulation 635-200, Chapter 10, for the good of the service, to avoid trial by court-martial.  There is no indication that the request was made under coercion or duress.

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

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

___ew___  ___sk___  ___alr___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028948 	
SUFFIX		
RECON		
DATE BOARDED	20000106	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19730706	
DISCHARGE AUTHORITY	AR 635-200 C10	
DISCHARGE REASON	7100	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.9307		
2.0100		
3.		
4.		
5.		
6.