MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:            8 February 2001                  
	DOCKET NUMBER:   AR2000048432

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Donald P. Hupman		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 a general discharge under honorable conditions.

APPLICANT STATES:  That he was 17 years old at the time of his enlistment.  He states that he joined the Army on the “buddy system” and was led to believe that the “buddy system” would be in effect throughout his length of service.  Also, he states that he has been a substance abuser from the age of 12 until he completed the Comprehensive Alcohol Program (CAP) in May 2000.  Further, he states that he completed an in-house CAP and became aware that he could request to have his military discharge upgraded in September 2000.  In support of his application, he submits a letter, dated 10 May 2000, from his substance abuse counselor at the Comprehensive Alcohol Program.

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

The applicant entered active duty on 23 January 1970 for a period of three years. He completed basic combat training at Fort Lee, Virginia and was reassigned to Fort Eustis, Virginia for advanced individual training (AIT) in military occupational specialty (MOS) 67Y (attack helicopter repairer).  

While in AIT, the applicant received two nonjudicial punishments for being absent without leave (AWOL) for a total of 10 days.  

The applicant reclassified to MOS 13A (field artilleryman) in May 1970 and was reassigned to the U.S. Army Training Center (USATC) at Fort Sill, Oklahoma.  

Evidence of record shows the applicant was AWOL from 2 August 1970 to 10 August 1970 (9 days).  On 30 September 1970, the applicant received nonjudicial punishment for being AWOL from 2 September 1970 to 27 September 1970 (26 days).

On 8 October 1970, the applicant requested a hardship discharge under the provisions of Army Regulation 635-200, chapter 6.  The applicant submitted the request for discharge in order to take care of his 88-year-old great grandmother who was in poor health and unable to care for herself.  On 16 November 1970, the applicant’s request for discharge under the provisions of Army Regulation 635-200, chapter 6, was denied.  During the processing of the applicant’s request for an hardship discharge, he received two nonjudicial punishments for being AWOL from 25 October 1970 to 26 October 1970 (2 days) and for failing to obey a lawful order.  

In December 1970, the applicant was reassigned to the U.S. Army Overseas Replacement Station at Fort Dix, New Jersey for further assignment to Germany.

Charges were preferred against the applicant on 23 August 1971 for three specifications of AWOL (168 days).  On 25 August 1971, the applicant consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10.  In doing so, he admitted guilt to the offenses charged and acknowledged that he might encounter substantial prejudice in civilian life and that he might be ineligible for many or all benefits administered by the Veterans Administration if an under other than honorable conditions discharge were issued.  The applicant elected not to submit a statement in his own behalf.  

On 25 August 1971, the applicant underwent a separation medical examination and was found fit for separation with a physical profile of 111111.  His records contain a Report of Medical History, dated 25 August 1971, which shows he marked the block “No” to indicate that he did not have an excessive drinking habit or any drug or narcotic habit in item 20 (Have You Ever Had or Have You Now).  There are no medical records available to the Board which indicate that the applicant was treated for drug or alcohol abuse while in the service.

The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was in 
pre-trial confinement from 16 July 1971 to 16 September 1971 (63 days) in item 45 (Item Continuation).

The separation authority approved the applicant’s request for discharge and directed an undesirable discharge on 22 September 1971.  

Records show the applicant was also AWOL on 27 September 1971 and from
7 October 1971 to 13 October 1971 (8 days).

The applicant was discharged from active duty on 13 October 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 11 months and 9 days of creditable service and 286 days of lost time due to AWOL and pre-trial confinement.

There is no indication in the available records to show that the applicant applied to the Army Discharge Review Board within its 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.  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.  In view of the applicant's numerous acts of indiscipline, it does not appear that his undesirable discharge was too severe.  As a result, the type of discharge directed and the reason for separation were appropriate considering all the facts of the case.

3.  The Board considered the applicant's age and personal problems during his service; however, these factors are not sufficiently mitigating to warrant an upgrade of his discharge. 

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

JL______  GDP_____  DPH____  DENY APPLICATION

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

INDEX

CASE ID	AR2000048432	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010208 	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19711013	
DISCHARGE AUTHORITY	AR635-200,chapter 10	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.