MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  8 March 2001
	DOCKET NUMBER:  AR2000049047

	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:

	Mr. Roger Able		Chairperson	
	Ms. Barbara J. Lutz		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 be upgraded to a general discharge.

APPLICANT STATES:  In effect, that he truly feels that after informing his commander that he would complete his term of service, that he would at least take it into consideration.  He is requesting only a general discharge, instead of 
an honorable discharge.  In support of his application he submits a copy of his DD Form 214 (Report of Transfer or Discharge) and a copy of his DD Form 293 (Application for the Review of Discharge or Dismissal).

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 23 April 1971 as an aircraft maintenance repairman.

The applicant departed AWOL on 9 August 1971 and remained AWOL until 17 May 1974 (1,013 days).

The applicant underwent a separation medical examination on 22 May 1974 and was found qualified for separation.

Charges were preferred against the applicant on 28 May 1974 for being AWOL from 9 August 1971 to 17 May 1974 (1,013 days).

On 28 May 1974, he consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial, under the provisions of AR 635-200, chapter 10.  In doing so, he admitted guilt to the offense charged and acknowledged that he might encounter substantial prejudice in civilian life and might be ineligible for many or all benefits administered by the Veterans Administration (VA) if a discharge under other than honorable conditions were issued.  He also elected not to submit a statement in his own behalf.

On 4 June 1974, the separation authority approved the applicant’s request for discharge and directed that he be furnished an Undesirable Discharge Certificate.  The applicant was discharged on 7 June 1974.  He had a total
of 4 months and 6 days of creditable service and had 988 days of lost time due to AWOL prior to his scheduled expiration of term of service (ETS) and 25 days of lost time due to AWOL subsequent to his normal ETS.

The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 15 June 1983.  The ADRB determined that his discharge was proper and denied his request on 5 December 1983.

The applicant reapplied to the ADRB on 12 September 1999 for an upgrade of his discharge.  However, the ADRB was precluded from accepting his application due to its statute of limitations.  The Board accepted his application (DD 149) on 12 October 2000.
Army Regulation 635-200 sets forth the basic authority for 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 Board notes the applicant’s contention; however, there is no evidence in the available records, and the applicant has provided no evidence, to support his contention or to show that his discharge was unjust and should be upgraded.

2.  The Board also notes the applicant’s excessive amount of lost time due to AWOL which is too serious to be excused or to warrant relief.

3.  The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and VA benefits.

4.  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 law and regulations.  

5.  The type of discharge directed and the reasons for that separation were appropriate considering all of the facts of the case.

6.  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.  

7.  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

__ra___  __bl_____  ___wp___  DENY APPLICATION

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

INDEX

CASE ID	AR2000049047	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010308	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19740607	
DISCHARGE AUTHORITY	AR 635-200 c, 10	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.