MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 May 2000       
	DOCKET NUMBER:   AR2000040257

	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. John N. Slone 		Chairperson	
	Mr. Mark D. Manning 		Member	
	Ms. Meta Waller 		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 was unjust because he did everything he was supposed to do, to include service in Vietnam; and, that he made his mistakes only after coming home from Vietnam.

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

On 7 February 1968 he was inducted into the U.S. Army for a period of 2 years. He successfully completed basic combat training and advanced individual training in military occupational specialty 11B (Light Weapons Infantryman) at Fort Lewis, Washington.

On 15 June 1968 he departed Fort Lewis, Washington in casual status en route to Vietnam where he served as a scout driver and observer.  

The applicant’s record documents that the highest permanent rank he held on active duty was specialist/E-4.  He received the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the Combat Infantryman Badge.

On 25 July 1968 he accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ, for being absent from his unit, Overseas Replacement Station, Oakland, California (3-24 July 1968).  The punishment imposed consisted of a forfeiture of $20.

On 24 May 1969 he accepted NJP for operating a vehicle in a reckless manner. The punishment imposed consisted of a forfeiture of $10 and an oral reprimand.

On 26 July 1969 he departed Vietnam in casual status en route to Fort Ord, California.

On 10 December 1969 the applicant was convicted by a summary court-martial (SCM) for AWOL (2 September-24 November 1969).  He was sentenced to reduction to private/E-1, confinement at hard labor for 30 days (suspended), and a forfeiture of $82.

On 18 February 1970 he was convicted by a SCM for AWOL (21 January-9 February 1970).  He was sentenced to hard labor without confinement for 45 days and a forfeiture of $50.

On 14 April 1970 he was convicted by a SCM for AWOL (27 February-2 April 1970).  He was sentenced to confinement at hard labor for 30 days and a forfeiture of $82.  He was in confinement from 14 April-13 May 1970.
On 13 May 1970 he again departed AWOL and remained so absent until he was apprehended by civilian authorities on 29 December 1970.  He remained in confinement until his discharge from service.

On 2 February 1971 he requested a discharge under the provisions of chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial.  In a written statement the applicant stated, in effect, that he was always irresponsible, that he could not adjust to any way of life, and that while he was AWOL he was arrested and was placed on probation for one year.  He further indicated that he did not believe he was fit for military duty, that he would never complete his service in the right manner, that he was wrong for having gone to Vietnam and would have preferred going to jail because he did not believe in war.

On 8 April 1971 the appropriate authority approved his request for discharge.  Accordingly, on 19 April 1971 he was discharged with an Undesirable Discharge Certificate.  He was credited with 1 year, 7 months and 24 days of active military service in the period under review and a total of 558 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 UD is normally considered appropriate. 

There is no evidence that the applicant applied to the Army Discharge Review Board (ADRB) for discharge upgrade 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.  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.

3.  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

__JNS___  _MDM __  __MW___  DENY APPLICATION

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

INDEX

CASE ID	AR2000040257	
SUFFIX		
RECON		
DATE BOARDED	20000524	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19710419	
DISCHARGE AUTHORITY	AR 635-200 C10 	
DISCHARGE REASON	144.7100.0000	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.9235.0000	
2.	144.9215.0000	
3.	144.0100.0000	
4.		
5.		
6.