MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 December 2000
	DOCKET NUMBER:   AR2000042155

	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. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Harry B. Oberg		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 be upgraded to an honorable.

APPLICANT STATES:  In effect, that the type of discharge that he received is too severe considering the nature of his offenses.

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

On 18 February 1969, he enlisted in the Army for 2 years in the pay grade of 
E-1 and he successfully completed his training as a cook.

Nonjudicial punishment (NJP) was imposed against the applicant on 29 May 1969 for being AWOL from 18 May until 28 May 1969.  His punishment consisted of a forfeiture of pay.

On 20 November 1969, the applicant was convicted by a special court-martial of being AWOL from 14 June until 15 July 1969 and from 22 July until 27 October 1979.  His sentence consisted of confinement at hard labor and a forfeiture of pay.

He was convicted by a special court-martial on 20 April 1970, of being AWOL from 16 January until 30 January 1970 and from 4 February until 10 March 1970. His sentence consisted of confinement at hard labor and a forfeiture of pay.

The evidence of record further shows that the applicant went AWOL again on 27 July 1970 and he remained absent until he was apprehended by civil authorities on 15 September 1970.  Upon his apprehension he was charged with car theft and was placed in civilian confinement.

On 19 December 1970, he wrote a letter to a congressman requesting his assistance in obtaining a discharge while the applicant was in confinement.  In the letter he indicated that the reason for his request was that he and his wife were in the process of a divorce and that he had a son that was only 3 months old that he had not seen.  He was released from confinement on 6 January 1971.

A review of the records also shows the he was AWOL for 1 day on 27 January 1971 and from 6 February 1971 until 13 February 1971.

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 19 April 1971, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  He had completed 10 months and 26 days of total active service and he had 462 days of lost time due to AWOL and confinement.  He was furnished an Undesirable Discharge Certificate.

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.

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.

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 type of discharge directed and the reasons therefor appears to have been appropriate considering all the facts of the case.

3.  The evidence of record clearly shows that the applicant had NJP imposed against him and he was convicted by a special court-martial twice for being AWOL.  Additionally, he was confined by civilian authorities for car theft and he had 462 days of lost time due to AWOL and confinement.  

4.  Considering his numerous acts of misconduct it does not appear that his undesirable discharge was too severe.

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

___fe ___  ___lem__  __hbo___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042155	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/12/12	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1971/04/19	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	689	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  708	144.7100	
2.  671	144.6730	
3.		
4.		
5.		
6.