MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            16 November 2000
	DOCKET NUMBER:   AR2000042357

	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. Walter T. Morrison		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Martha E. Schuler		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:  In effect, that his undesirable discharge be upgraded to an honorable or a general discharge.

APPLICANT STATES:  That his records were lost while he was in Germany and that a lot of things changed while his records were lost.

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

On 11 January 1968, he enlisted in the Army in New York, New York for 3 years in the pay grade of E-1.  He successfully completed his training as a light weapons infantryman.  He was transferred to Germany on 8 June 1968.  

Nonjudicial punishment (NJP) was imposed against the applicant on 1 December 1968 for wrongfully engaging in a fistfight in the orderly room.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

He returned to the Continental United States on 1 March 1969 and he was assigned to Fort Dix, New Jersey.

On 9 February 1970, the applicant was convicted by a special court-martial of being AWOL from 8 August 1969 until 28 January 1970.  His sentence consisted of confinement at hard labor for 3 months, a reduction in pay grade and a forfeiture of pay.

The applicant was convicted by a special court-martial on 17 August 1971, for being AWOL from 6 January until 25 May 1971 and for possession of heroin.  His sentence consisted of confinement at hard labor for 3 months and a reduction in pay grade.

The applicant went AWOL on 19 April 1972 and he remained absent until he returned to military control on 30 June 1972.  He went AWOL again on 1 July 1972 and he remained absent until he returned to military control on 6 March 1973.

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 20 July 1973, 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 3 years, 4 months and 5 days of total active service and he had approximately 792 days of lost time due to AWOL and confinement.  He was issued 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 applicant’s contention have been noted by the Board.  However, they are not substantiated by the evidence of record.  The records clearly show that the applicant had NJP imposed against him and he was convicted by a special court-martial twice.  The records further show that he had approximately 792 days of lost time due to AWOL and confinement.

3.  In view of his numerous acts of misconduct it does not appear that his undesirable discharge was too severe and in the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

4.  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

___ja ___  __mes___  ___wtm _  DENY APPLICATION

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

INDEX

CASE ID	AR2000042357	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/11/16	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1973/07/20	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	689	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  708	144.7100	
2.  717	144.7400	
3.		
4.		
5.		
6.