MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:           18 July 2000
	DOCKET NUMBER:   AR2000040750

	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. George D. Paxson		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Ms. Margaret V. Thompson		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 he was young and did not make good decisions at the time of his discharge; that he did not want to leave the service and had asked to stay in; and, that he has been a good citizen and has been active in the community helping people with substance abuse problems for many years.

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 3 years.  He successfully completed basic combat training at Fort Ord, California, and advanced individual training (AIT) in military occupational specialty 76Y (Unit and Organization Supply Specialist) at Fort Lee, Virginia.   He was assigned to Fort Bragg, North Carolina.

The applicant’s record documents that the highest permanent rank he held on active duty was private first class/E-3 and the record contains no documented acts of valor, achievement, or service warranting special recognition.

On 31 July 1971 he departed absent without leave (AWOL) and remained so absent until 25 August 1971.  

On 22 September 1971 he was convicted by a special court-martial for AWOL.  He was sentenced to a reduction to private/E-2 and 30 days restriction and extra duty.

On 12 January 1972, while at Fort Bragg, the applicant was promoted to private first class/E-3.

On 12 April 1972 the applicant departed Fort Bragg in casual status en route to Germany.

On 30 June 1972 the applicant departed AWOL and remained so absent until
4 October 1972 when he surrendered to military authorities at Sharpe Army Depot, Lathrop, California. 

On 13 October 1972 he was returned to duty at Fort Carson, Colorado.

On 31 October 1972 the applicant was charged with AWOL (30 June-4 October 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.  The applicant indicated in a written statement, and during an interview with the unit executive officer, that he desired to be discharged from the Army due to personal problems.  Further, the applicant indicated that he felt he had no rehabilitative potential and that he would continue to go AWOL.

On 29 December 1972 the applicant was discharged and issued an Undesirable Discharge Certificate.  He was credited with 1 year, 7 months and 1 day of active military service, and 122 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. 

On 12 February 1975 the Army Discharge Review Board reviewed and denied the applicant’s request for an upgrade of his discharge.

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 offense 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 offense.

3.  The evidence of record does not support the applicant’s contention that he wanted to remain in the Army at the time of his discharge and the applicant has provided no independent corroborating evidence to support his contention.   

4.  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.

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

___gdp__  ___eb___  ___mvt___  DENY APPLICATION

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

INDEX

CASE ID	AR2000040750	
SUFFIX		
RECON		
DATE BOARDED	20000718	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19711229	
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.  	144.9221.0000	
4.	144.0100.0000	
5.		
6.