MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  16 October 2001
	DOCKET NUMBER:  AR2001059266

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Regan K. Smith		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.

APPLICANT STATES:  That he enlisted at the age of 18 to escape from home after years of physical abuse and did not understand the authority structure of
the military at such a young age.  In support of his application he submits a copy of his DD Form 214 (Report of Separation from Active Duty).

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

At the age of 17, the applicant entered active duty on 29 September 1972 
as a field artilleryman.  

The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was AWOL from 19 to 21 October 1972, (2 days) and from 5 to 6 December 1972 
(2 days).

Between 12 June and 26 November 1973, the applicant was punished 
four times under Article 15, Uniform Code of Military Justice, for failure to be 
at his appointed place of duty, AWOL from 14 to 21 June 1973, (7 days), for disobeying a lawful order from his superior noncommissioned officer, and
for disobeying a lawful order from his superior commissioned officer on three occasions.  His punishments consisted of a forfeiture of pay, a reduction to the pay grade of E-1, extra duties, and restriction.

The applicant was barred from reenlistment on 19 December 1973, for the
above mentioned offenses.

The facts and circumstances pertaining to the applicant’s discharge are not present in the available records.  However, his DD Form 214 shows that on 7 March 1974, 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 was furnished an Undesirable Discharge Certificate.  He had a total of 
1 year, 5 months, and 20 days of creditable service and had 11 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 contentions; however, there is no evidence in the available records, and the applicant has provided no evidence, to support his contentions or to show that his discharge was unjust and should be upgraded.

2.  The Board also notes that the applicant entered active duty at the age of 
17 and had gone AWOL twice, committed two offenses prior to the age of 18, and two offenses after the age of 18.  However, his age is not sufficiently mitigating in this case to warrant relief due to his numerous acts of indiscipline.

3.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations, with no procedural errors, which would tend to jeopardize his rights.  

4.  The type of separation directed and the reasons therefore were appropriate considering all of the available 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

__ro___  ___rs___  __dh______  DENY APPLICATION

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

INDEX

CASE ID	AR2001059266	
SUFFIX		
RECON		
DATE BOARDED	20011016	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19740307	
DISCHARGE AUTHORITY	AR 635-200  C, 10	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.