MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 August 2001
	DOCKET NUMBER:   AR2001056162

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Regan K. Smith		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 general discharge be upgraded to honorable.

APPLICANT STATES:  In effects, that his military service was marked by bad judgement, immaturity, youth, and stress.  He states that he only accepted 
nonjudicial punishment (NJP) on one or two occasions during his period of enlistment.

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

The applicant entered the Army on 3 October 1967.  He was awarded military occupational specialty (MOS) 63B (Wheel Vehicle Repairman).  His awards include the National Defense Service Medal and the Vietnam Service Medal.  His highest rank attained was private first class, pay grade E-3.

The applicant completed basic combat training, advanced individual training, and was subsequently assigned to Vietnam.  He completed his tour in Vietnam and failed to report to his new duty station.  He was declared absent without leave (AWOL) on 9 September 1969 and remained in that status until returning to military control on 9 December 1969, at the Personnel Control Facility, Fort Dix New Jersey.  He was placed in confinement from 10 December 1969 to 
9 February 1970, and upon his release he was reassigned to Fort Eustis, Virginia. 

The applicant again went AWOL from 3 April 1970 to 21 January 1971 and from 
5 February 1971 to 9 April 1972.   On 13 April 1972, court-martial charges for these AWOL offenses were preferred against the applicant and after consulting legal counsel he voluntarily submitted a request to be discharged for the good of the service, in lieu of trial by court-martial.

The request for discharge was approved by the appropriate authority and on 
6 June 1972, the applicant was discharged from the Army under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 10 for the good of the service, in lieu of trial by court-martial.  A the time of his discharge he had completed a total of 2 years, 5 months, and 11 days of active military service and had accrued 814 days of lost time due to AWOL and confinement.

The applicant submitted a request for an upgrade of his discharge to the Army Discharge Review Board (ADRB) and on 17 October 1977, the ADRB upgraded his discharge to general, under honorable conditions under the criteria of the Department of Defense Discharge Review Program (Special) in effect at the time. 

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 submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after court-martial charges have been preferred.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

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 was discharged from the Army on 6 June 1972, under other than honorable conditions in accordance with Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial and his discharge was upgraded to general by the ADRB on 17 October 1977.

2.  The evidence of records shows the applicant had 814 days of lost time due to AWOL and confinement.  The Board concludes that these discreditable entries of misconduct in the applicant’s record were of such magnitude that it would prohibit an upgrade of his discharge. 

3.  The applicant’s contentions have been noted by the Board.  However,
they 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

__MKP   _  __TBR __  __RKS__  DENY APPLICATION

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

INDEX

CASE ID	AR2001056162	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/07	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	71.00	
2.		
3.		
4.		
5.		
6.