MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 December 1999                   
	DOCKET NUMBER:   AR1999029250

	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. 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: In effect, that his discharge under other than honorable conditions (UOTHC) be upgraded.

APPLICANT STATES: In effect, that he deeply regrets his actions.  He was 19 years old, a newlywed and expecting his first child.  All he could think about was being at home.  He further states that there is not a day that goes by that he doesn’t think about how things turned out and how he let his fellow soldiers and his country down.  He loves his country and is proud to be an American and if he could turn back the hands of time he would proudly serve.  Since becoming a Christian in the spring of 1981, he has been forgiven by God for his failures and he hopes that the Board will do the same.

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

He was born on 27 April 1949.  He completed 8 years of formal education.  On 25 February 1969, the applicant enlisted in the Regular Army for 2 years with no prior service.

On 19 March 1969, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for being absent from his appointed place of duty on 18 March 1969 for approximately 10 1/2 hours.  His
imposed punishment was a forfeiture of $14.00 pay, 2 hours extra duty for 14 days and restriction for 14 days.

On 21 August 1969, the applicant was convicted by a special court martial for
being absent without leave (AWOL) from 13 May to 18 July 1969.  His imposed
punishment was confinement at hard labor for 6 months and a forfeiture of $82.00 pay per month for 6 months.  

The charge sheet is not available; however, the DA Form 20 shows that the applicant was AWOL from 2 September 1969 to 12 January 1970, and presumably the charge would relate to his AWOL.

On 9 February 1970, 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 Administrations benefits.  The applicant was afforded the opportunity to submit statements in his behalf, but declined to do so.

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

On 26 February 1970, the appropriate authority approved the applicant’s request for discharge and directed the issuance of a discharge UOTHC.  On 12 March 1970, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a discharge UOTHC.  He completed 4 months and 17 days creditable active service and he had 199 days of lost time.

Army Regulation 635-200 sets forth the basic authority of the separation of enlisted personnel.  Chapter 10 of the regulation provided, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment included 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.  A discharge UOTHC 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 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.

2.  The applicant’s voluntary 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

__gdp___  __clg___  __cjp___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999029250	
SUFFIX		
RECON		
DATE BOARDED	19991229	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19700312	
DISCHARGE AUTHORITY	AR635-200, Chap 10 .  .  .  .  .  	
DISCHARGE REASON	A70.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.		
3.		
4.		
5.		
6.