MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 May 2000                  
	DOCKET NUMBER:   AR2000038305

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler 		Chairperson	
	Mr. Fred Eichorn 		Member	
	Mr. Raymond J. Wagner		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 be upgraded.   

APPLICANT STATES:  That at the time of his discharge, he was 18 or 19 years old and the only excuse he has for his actions is that he was young, immature and had terrible judgement.  He states that now he is approaching his
50th birthday and he can look back and see how foolish he was.  He asks the Board for some understanding and mercy.   

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

At age 17, the applicant enlisted on 29 November 1968 for a period of 3 years.  While in basic training, nonjudicial punishment was imposed against the applicant on 5 February 1969 for being derelict in the performance of his duties.

On 4 April 1969, while in advanced individual training, the applicant went AWOL and returned to military control on 17 May 1969.  He was convicted by summary court-martial for the AWOL offense on 6 June 1969.  He was sentenced to hard labor for 30 days and forfeiture of $68 pay per month for 1 month.  The convening authority approved the sentence on 6 June 1969.  

The applicant’s records show he went AWOL on three occasions from 18 June 1969 to 16 July 1969, 7 August 1969 to 28 September 1969, and 27 October 1969 to 13 November 1969.  He escaped from confinement on 7 August 1969 and on 27 October 1969.  Charges were preferred against the applicant on 
28 November 1969 for the aforementioned offenses.  Trial by special court-martial was recommended.  

After consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He indicated in his request that he understood he could be discharged under other than honorable conditions, furnished an Undesirable Discharge Certificate, that he may be deprived of many or all Army benefits and that he may be ineligible for many or all benefits administered by the VA.  Additionally, he elected not to submit a statement in his own behalf.   

The intermediate commander recommended that the applicant’s request for discharge be approved.

On 17 December 1969 the appropriate authority approved the applicant’s request for discharge and directed that he be furnished an Undesirable Discharge Certificate.

Accordingly, the applicant was discharged under other than honorable conditions on 17 December 1969 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  He had served 
7 months and 16 days of total active service and he had 153 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 within its 15-year statue of limitations.

Army Regulation 635-200 sets forth the basic authority for 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.

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.  The applicant’s contention that he was young and immature at the time is not sufficiently mitigating to warrant relief.  The Board notes that the applicant was 
18 years of age at the time when he executed his voluntary request for discharge.

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.

3.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

4.  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.

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

CMF____  FE_____  RJW_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000038305	
SUFFIX		
RECON		
DATE BOARDED	20000517	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19691217	
DISCHARGE AUTHORITY	AR 635-200 Chapter 10	
DISCHARGE REASON	For the good of the service in lieu of trial by court-martial	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.