MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 February 2001
	DOCKET NUMBER:   AR2000039085

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Melvin H. Meyer		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 discharge under other than honorable conditions be upgraded to honorable.

APPLICANT STATES:  That the hurt he feels is minimal as opposed to the way he was treated when wearing his uniform.  He states he served his country to the best of his ability and with pride.  He states that he was a young man with the responsibility of a family and the death of his mother was the caused of his being absent without leave.  He states that he left the Army not knowing the consequences of his decision and now recognizes his absence without leave (AWOL) was a mistake. 

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

The applicant entered the Army on 28 July 1964 and was honorably discharged on 9 January 1967.  He immediately reenlisted on 10 January 1967 for a period of 4 years.  His military occupational specialty (MOS) was 63B (Auto Mechanic). His awards include the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with 60 Device.  His highest rank attained was specialist five.

He was convicted by a summary court-martial on 5 July 1967 of being AWOL from 6 March 1967 to 30 May 1967.  He was sentenced to 30 days confinement, a forfeiture of $59.00, and a suspended reduction to pay grade E-3.

While assigned to Fort Hood, Texas, the applicant went AWOL on 24 January 1971.  He was returned to military control at the Personnel Control Facility, Fort Dix, New Jersey, on 24 January 1977.  

The applicant’s discharge packet is missing from his military records; however, his separation document (DD Form 214) shows he was administratively discharged on 10 February 1997 under the provisions of chapter 10, Army Regulation 635-200 for conduct triable by court-martial.  His service was characterized as under other than honorable conditions.  He had served 7 years, 1 month, and 9 days of total active service and had 2,124 days of lost time due to AWOL and confinement.

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 submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after court-martial charges have been preferred.  Although an honorable or general discharge is authorized, 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 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.

2.  The applicant chose to request an administrative discharge rather than risk the consequences of a court-martial.  Although he may now feel that he made the wrong choice, he should not be allowed to change his mind at this late date.

3.  The applicant’s contentions that his youth and family problems were the cause of his AWOL has been noted by the Board.  However, these contentions are not supported by the evidence of record and the applicant has submitted no evidence to the contrary.

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

_FNE___  __MKP___  __MHM___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039085	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010215	
TYPE OF DISCHARGE	( UOTHC)	
DATE OF DISCHARGE	1967/02/10	
DISCHARGE AUTHORITY	AR 635-200, Chapter 10.  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.