MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  25 January 2001
	DOCKET NUMBER:  AR2000043421

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Lester Echols		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 bad conduct discharge be upgraded.

APPLICANT STATES:  That he was young and immature and had family problems.

EVIDENCE OF RECORD:  The applicant's military records show he was inducted on 12 July 1969 as an engineer equipment repairman.

On 7 October 1968, he was punished under Article 15, UCMJ for being AWOL from 2 September to 6 October 1968 (35 days).  His punishment consisted of a forfeiture of pay and 45 days restriction and extra duty.

On 7 November 1968, he was punished under Article 15, UCMJ for failure to go to his appointed place of duty.  His punishment consisted of a forfeiture of pay.

He was convicted by a special court-martial on 4 December 1970 for being AWOL from 1 February 1969 to 14 May 1969 (103 days) and from 15 May 1969 to 9 October 1970 (531 days).  His sentence consisted of a forfeiture of pay, a
reduction to the lowest enlisted grade, and a bad conduct discharge.  The sentence was approved on 22 February 1971.

On 13 May 1971, the Court of Military Review affirmed the findings and sentence of the special court-martial conviction as approved by the convening authority.

On 1 September 1971, the applicant was discharged from the Army pursuant to the sentence of a special court-martial and was issued a Bad Conduct Discharge Certificate.  He had served 9 months, and 16 days of creditable service and had 560 days of lost time due to AWOL prior to his scheduled expiration term of service (ETS), and 294 days of lost time due to AWOL and confinement subsequent to his normal ETS.

Army Regulation 635-200, in effect, at the time, set forth the basic authority for
the separation of enlisted personnel.  Paragraph 11-1 of the regulation provided, in pertinent part, that an enlisted person will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial.  

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 contention that he was young and immature at the time is not sufficiently mitigating to warrant relief due to his excessive amount of lost time with only 9 months and 16 days of good service. 

2.  The Board notes the applicant’s contention that he had family problems; however, there is no evidence in the available records, and the applicant has provided no evidence, to support his contentions.

3.  The applicant has provided no evidence to show that his discharge was unjust and should be upgraded.  He also has not provided any evidence to mitigate the character of his discharge.  

4.  Trial by court-martial was warranted by the gravity of the offense charged.  Conviction and discharge were effected in accordance with applicable law and regulation.

5.  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.

6.  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

__jh___  __kh______  __le___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043421	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010125	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19710901	
DISCHARGE AUTHORITY	AR .635-200  C, 11	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.