MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            11 October 2001
	DOCKET NUMBER:   AR2001058038

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Jose A. Martinez		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 an honorable or a general discharge.

APPLICANT STATES:  That he was told that he was signing for an undesirable discharge based on his inability to adapt to military life.

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

He was inducted into the Army on 21 August 1969 and he successfully completed his training as a light weapons infantryman.

A review of the records show that the applicant went absent without leave (AWOL) on 20 January 1970 and he remained absent until 11 February 1970.  The record is void of any punishment being imposed against him for this AWOL incident.

The applicant again went AWOL and charges were preferred against him on 15 April 1975 for being AWOL from 3 May 1971 until he returned to military control on 7 April 1975.

The applicant was notified that charges were pending against him for being AWOL and on 18 April 1975, after consulting with counsel, he submitted a request for discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  At the time that he submitted his request for discharge, he submitted a statement in his own behalf.  In the statement he indicated that he went AWOL because his grandmother was ill and he was repeatedly being denied leave.  He further stated that his grandmother passed away 5 months after he went AWOL and he thought about turning himself in; however, he had been, “messed around with so much” while he was in the Army that he chose not to turn himself into military authorities.  He went on to state that he had personal property missing while he was in the Army that was never returned to him.

The appropriate authority approved the request for discharge on 22 April 1975.  Accordingly, on 23 April 1975, he was discharged 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 completed 1 year, 8 months and 6 days of total active service and he had 1459 days of lost time due to AWOL.  He was furnished an undesirable discharge.

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 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 administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  There is no evidence of record to support the applicant’s contention that he was told that he was being discharged because of his failure to adapt to military life.  The records clearly show that after consulting with counsel, he submitted a request to be discharged for the good of the service in lieu of trial by court-martial.  At the time that he submitted his request for discharge he indicated that he understood the possible effects of an undesirable discharge.  Although he may now believe that he made the wrong choice, he should not be allowed to change his mind at this late date.

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

__mdm__  __jhl ____  ___jm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001058038	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/11	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1975/04/23	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	689	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  708	144.7100	
2.		
3.		
4.		
5.		
6.