MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           16 May 2000       
	DOCKET NUMBER:   AR2000038884

	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. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Lester Echols		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 an honorable discharge (HD).

APPLICANT STATES:  In effect, that his discharge should be upgraded.

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

On 1 January 1971 the applicant enlisted in the Regular Army (RA) for a period of 2 years.  He successfully completed basic combat training at Fort Dix, New Jersey, and reported to Fort Lee, Virginia, for advanced individual training (AIT) in military occupational specialty 71N (Transportation Movement Specialist).  He did not complete AIT.

The applicant’s record documents that the highest permanent rank he held on active duty was private/E-2 and the record contains no documented acts of valor, achievement, or service warranting special recognition.

On 24 September 1971 he accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ, for being absent from his appointed place of duty.  The punishment imposed was reduction to private/E-1 (suspended) and 14 days extra duty.

On 12 November 1971 he accepted NJP for being AWOL (21-26 October 1971).  The punishment imposed was a forfeiture of $71 (suspended), and 5 days extra duty and restriction to the Personnel Confinement Facility (PCF).  On appeal, $61 of the $71 forfeiture and 4 days of the PCF restriction were remitted.

On 8 December 1971 he accepted NJP for being AWOL (6-7 December 1971).  The punishment imposed was a forfeiture of $450 and 7 days extra duty.

On 6 March 1972 he accepted NJP for being AWOL (14 February – 2 March 1972).  The punishment imposed was a forfeiture of $75 pay per month for 2 months and 15 days extra duty.

On 4 April 1972 the applicant departed AWOL.  His status was changed from AWOL to arrest and confinement by civilian authorities on 24 April 1972.

On 10 May 1972 the applicant returned to military control at Fort Lee, Virginia.

On 13 May 1972 the applicant again departed AWOL and remained so absent until he was apprehended and returned to military control at Fort Dix, New Jersey on 3 November 1972.

On 14 November 1972 he voluntarily requested discharge under the provisions of chapter 10, AR 635-200 for the good of the service in lieu of trial by court-martial.  

On 20 December 1972 the applicant was discharged and issued an Undesirable Discharge Certificate.  He was credited with 1 year, 9 months and 2 days of active military service, and 236 days lost time.

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. 

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, it is concluded:

1.  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.

2.  The evidence of record shows that the applicant admitted guilt to the stipulated offenses under the UCMJ, he consulted with defense counsel, and he was properly advised of the reason for his discharge and the characterization of service he would receive for his offenses.

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

__AAO__  __VBC___  __LE ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000038884	
SUFFIX		
RECON		
DATE BOARDED	20000516	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19721220	
DISCHARGE AUTHORITY	AR 635-200, C10	
DISCHARGE REASON	144.7100.0000	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1.  	144.9231.0000	
2.  	144.9235.0000	
3.  	144.0100.0000	
4.		
5.		
6.