MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:          

	BOARD DATE:              14 November 2000                      
	DOCKET NUMBER:     AR2000040696

	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. Antoinette E. Farley		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Terry L. Placek		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.

APPLICANT STATES:  In essence, he believes his discharge was in error.  He states that he was a drug addict from the beginning of his Army 
enlistment.  He also claims that when he asked for drug treatment, it was denied. 

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

He was inducted into the Armed Forces of the United States on 19 August 1968, after being granted a moral waiver for a civilian conviction as a youth offender.  He began basic training on 2 September 1968, at Fort Jackson, South Carolina.  On 25 October 1968, while still assigned to Fort Jackson, he began advanced training.

On 27 October 1968, he departed absent without leave (AWOL), until he returned to military control and was placed in pre-trial confinement at Fort Dix, New Jersey on 14 December 1968. 

On 27 December 1968, the applicant was convicted by a special court-martial (SPCM) of being AWOL from 27 October to 13 December 1968.  He was sentenced to confinement at hard labor for 2 months and forfeiture of $68.00 pay per month for 
2 months.  He was released from confinement on 15 February 1969.

On 4 March 1969, he again went AWOL and returned to military control at Fort Dix, on 15 March 1969. 

On 28 March 1969, he was found guilty by a summary court-martial of being AWOL from 4 to 15 March 1969.  He was sentenced to forfeiture of $82.00 pay and restriction for 30 days.  

On 14 April 1969, the applicant was assigned to advanced training in a new military occupational specialty (MOS) 94B20 (Food Service Specialist) at Fort Dix.

On 19 July 1969, before completing advance training, he again went AWOL and returned to military control on 28 November 1969 at Fort Dix.  

On 12 December 1969, he was convicted by a SPCM of being AWOL 
from 19 July to 28 November 1969.  He was sentenced to hard labor without confinement, suspended for 30 days and forfeiture of $82.00 pay per month for
3 months.

On 12 January 1970, the applicant was transferred to Fort Eustis, Virginia as a duty soldier (MOS 57A).  

On 24 February 1970, he was charged with violation of Article 121 of the Uniform Code of Military Justice, for stealing 6 stereo tapes, 1 brown case, 1 brown belt, 
1 shirt, 2 sport coats, 5 jackets, 6 sweaters, and 11 pairs of pants, the property of another soldier totaling a value of $332.00.

On 2 March 1970, the applicant was dropped from the rolls of the Army because he was AWOL from Fort Eustis.  He was returned to military control at Fort Eustis on some unknown date, and there is no recorded disciplinary action.

On 23 April 1970, the applicant was again listed as AWOL from Fort Eustis.  On 
26 May 1970, he was returned to military control and he was placed in pre-trial confinement at Fort Dix, New Jersey.  

On 27 May 1970, while in pretrial confinement, the applicant consulted with legal counsel and voluntarily requested discharge under the provisions of chapter 10, Army Regulation AR 635-200, in lieu of trial by court martial.  He did not submit a statement in his own behalf.  He received a separation physical and was found fit for separation.

On 6 June 1970, he was charged with violation of Article 86 of the Uniform Code of Military Justice, for being AWOL from 23 April to 26 May 1970.  

On 31 July 1970, the separation authority approved his request for separation with a UD.  On 10 August 1970, the applicant again went AWOL.

On 24 August 1970, the applicant was discharged, in absentia, with a UD under the provisions of chapter 10, 635-200, for the good of the service in lieu of trial by court-martial.  He had 4 months and 17 days of creditable service and 228 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 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 a UD.

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 record does not show that the applicant had a drug abuse problem while on active duty or that he ever requested help for such a problem.

3.  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 he received less than competent counsel or that his request was made under coercion or duress.

4.  Therefore, the type of discharge directed and the reason for discharge was appropriate considering the facts of the case.

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

___slp___  ___tlp___  ___mw __  DENY APPLICATION

Carl W. S. ChunDirector, Army Boards for Correctionof Military Records

INDEX

CASE ID	AR2000040696	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1970	
DISCHARGE AUTHORITY	AR 635-200/10	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	144.0O	
3.	A92.35	
4.	A93.07	
5.	A94.07	
6.