MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  27 February 2001
	DOCKET NUMBER:  AR2000049182

	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. John N. Slone		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Melvin H. Meyer		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 a general discharge. 

APPLICANT STATES:  In effect, that he was recently informed that the 15-year 
statute of limitations policy, which is allowed for amnesty provisions, had expired, and that he was unaware of this policy.  He also states that he has been employed most of his life to support his family, that he has raised two sons, and that he has never been in trouble with the law since his discharge.  He further states that he is a law-abiding citizen, an average working man, and that he is asking to be exonerated for being AWOL and to receive a general discharge.  In support of his application he submits a copy of his DD Form 214.

EVIDENCE OF RECORD:  The applicant's military records show he entered active duty on 11 September 1974 as an infantry indirect fire crewman.

On 6 May 1975, he was punished under Article 15, UCMJ, for being AWOL from 28 March 1975 to 14 April 1975 (17 days).  His punishment consisted of a reduction to the pay grade of E-2 and a forfeiture of pay.

On 15 July 1975, he was punished under Article 15, UCMJ, for being AWOL from 7 June 1975 to 14 July 1975 (37 days).  His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, and 45 days restriction.

The applicant underwent a separation medical examination on 6 April 1976 and was found qualified for separation.

Charges were preferred against the applicant on 7 April 1976, for being AWOL from 29 December 1975 to 5 April 1976 (99 days).

On 7 April 1976, 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 15 April 1976, 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 22 April 1976.  He had a total
of 1 year, 2 months, and 10 days of creditable service and 153 days of lost 
time due to AWOL.

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

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, the evidence of record shows that the applicant did not apply to the ADRB within its 15-year statute of limitations.  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.

2.  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.

3.  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.  

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

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

___js___  ___ra___  ___mm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000049182	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010227	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19760422	
DISCHARGE AUTHORITY	AR .635-200  C, 10	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.