MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  26 October 2000
	DOCKET NUMBER:  AR2000040866

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. William D. Powers		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 under other than honorable conditions be upgraded to a general discharge under honorable conditions.

APPLICANT STATES:  In effect, that he had a hard time dealing with his tour of duty in Korea and dealing with his mother’s death after he returned from Korea.  These events pushed him to a breaking point and that is why he went AWOL.  He submits copies of his two discharges and copies of seven of his mother’s hospital admission cards from the period of 1957 to 1969.

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

That he enlisted in the Regular Army on 29 June 1971 for a 3 year term of service.  After completing infantry training, he was assigned to Korea on 
9 December 1971 as a light weapons infantryman.  He advanced to the rank 
of Specialist Four on 5 May 1972.  He returned from his tour in Korea on 
19 December 1972 and on 30 February 1973 was assigned to Fort Knox.  
On 29 March 1973, the applicant was given an honorable discharge for immediate reenlistment.  He had served 1 year, 9 months, and 1 day during this period of service.  He reenlisted on 30 March 1973 for a 6 year term of service.  On 13 August 1973, he was reassigned to Fort Riley.

On 31 August 1973, the applicant was AWOL for 1 day.  On 14 November 1973, the applicant was AWOL again until 19 November 1973.  He was punished under an Article 15 for this AWOL by forfeiture of $92 and reduction to Private First Class (suspended), and by restriction and extra duty for 14 days.

On 12 April 1974, the applicant began the Infantry Armor Noncommissioned Officer Basic Course at Fort Benning, Georgia.  He departed the course prior to its completion without authority on 26 June 1974.  He was relieved from the course and declared a non-graduate.  He remained AWOL for 251 days, until 
5 March 1975 when he returned to military control at Fort Gordon, Georgia.  
On 11 March 1973, the applicant was presented with charges for his AWOL.  
On 12 March 1973, he requested discharge under Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  In a questionnaire completed by the applicant on 12 March 1973, he stated that he felt he had no potential for rehabilitation and that he thought his pending discharge under other than honorable conditions, “wouldn’t be to bad.”  His request for discharge was approved on 31 March 1973. An under other than honorable conditions undesirable discharge was directed.  He was reduced to pay grade E-1 and 
was so discharged on 14 April 1975 with 1 year, 3 months, and 27 days active service and 258 days lost during this period.  He had received the National Defense Service Medal and the Armed Forces Expeditionary Medal for service in Korea.
In 1976, the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge.  The ADRB reviewed his case on 25 May 1977 and found this discharge to be both proper and equitable.  His request for upgrade of his discharge was denied.  A letter dated 24 June 1977 was sent to the applicant’s home address to notify him of this decision.

Army Regulation 635-200 (Enlisted Personnel Separations), chapter 10 (Discharge for the Good of the Service), states that a member who has committed an offense or offenses for which the Uniform Code of Military Justice (UCMJ) and the Manual for Court-Martial (MCM) authorize punishment which includes a punitive discharge (bad conduct or dishonorable), 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.  An undesirable discharge under other than honorable conditions is normally considered appropriate for discharge under chapter 10.  According to the MCM, the maximum punishment for AWOL in excess of 30 days is a bad conduct discharge or a dishonorable discharge, confinement for one year, and total forfeiture of all pay and allowances.

Army Regulation 600-200 (Enlisted Personnel Management System), paragraph 6-11, states that when the separation authority determines that a soldier is to be discharged from the service under other than honorable conditions, he or she will be reduced to the lowest enlisted grade.

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 was charged with AWOL in excess of 30 days, a violation which under the MCM, a court-martial could sentence the applicant to a punitive discharge (bad conduct or dishonorable), confinement up to one year, and total forfeitures.  Rather than risk any of the above sentences, the applicant voluntarily requested discharge in lieu of trial by court-martial and acknowledged that he might receive an under other than honorable conditions undesirable discharge which is normally given in such cases.  His request was granted and an under other than honorable conditions discharge was directed in accordance with Army Regulation 635-200, Chapter 10.  There is no error on injustice in this discharge.

2.  We are sorry to hear that the applicant’s mother passed away while he was in the service.  However, this circumstance and his experience during his tour in Korea do not mitigate or excuse his AWOL for 251 days.

3.  In view of the foregoing, there is no basis for granting the applicant's request for an upgrade of his discharge.

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

___md___  ___ao___  __wp____  DENY APPLICATION

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

INDEX

CASE ID	AR2000040866	
SUFFIX		
RECON		
DATE BOARDED	20001026	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19750414	
DISCHARGE AUTHORITY	AR 635-200, Ch 10	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.144	Administrative Discharge	
2.		
3.		
4.		
5.		
6.