MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 September 2000
	DOCKET NUMBER:   AR2000039479

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Ms. Carol Jo Suiter		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 undesirable discharge be upgraded to an honorable discharge.

APPLICANT STATES:  That he was a young man when he returned from Vietnam and he did some things out of his character.  He states that he truly regrets what happened and he has had to carry around the stigma of a less than honorable discharge for a long time.

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

He was inducted into the Army on 4 September 1969 at 19 years of age and he successfully completed his training as a clerk typist.  He was honorably discharged for the purpose of immediate reenlistment on 22 August 1971.  He had completed 1 year, 11 months and 18 days of total active service.

On 23 August 1971, he reenlisted in the Army for 3 years in the pay grade of 
E-4.

Nonjudicial punishment (NJP) was imposed against the applicant on 21 June 1972 for failure to go to his appointed place of duty.  His punishment consisted of a forfeiture of pay.

On 24 January 1973, NJP was imposed him for possession of marijuana in the form of hashish.  His punishment consisted of a reduction in pay grade and a forfeiture of pay.

On 20 July 1973, NJP was imposed against the applicant for being AWOL from 5 July through 6 July 1973.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

The evidence of record shows that on 7 March 1973, the applicant was recommended for a rehabilitative transfer based on his refusal to function.  The recommendation for transfer was approved by the appropriate authority on 20 March 1973.

The applicant was convicted by a summary court-martial on 10 August 1973 of assaulting a civilian with his fist.  His sentence consisted of a reduction in pay grade and a forfeiture of pay.  The sentence was suspended and was later vacated on 14 September 1973.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Report of Transfer or Discharge, DD Form 214, indicates that the applicant was discharged on 6 December 1973, under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial, and he was issued an Undesirable Discharge Certificate.

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. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 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.  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 this requirement.

2.  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 completed 1 year, 11 months and 18 days of total active service prior to reenlisting in the Army for an additional 3 years.  The Board also notes that he was 21 years of age at the time of his reenlistment.

3.  The facts and circumstances surrounding the applicant’s discharge are not on file.  However, the evidence of record clearly shows that he had NJP imposed against three times for his acts of indiscipline and he was convicted by a summary court-martial of assault.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

__cs____  ___fe ___  ___cmf __  DENY APPLICATION

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

INDEX

CASE ID	AR2000039479	
SUFFIX		
RECON		
DATE BOARDED	2000/09/12	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1973/12/06	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	689	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  713	144.7110	
2.  716	144.7200	
3.  717	144.7400	
4.		
5.		
6.