MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 December 2001                   
	DOCKET NUMBER:   AR2001060793

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Harry B. Oberg		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 discharge under other than honorable conditions (UOTHC) be upgraded to honorable.

APPLICANT STATES:  That he was too young.  He needed more discipline.  He has grown up and matured and is a productive member of society.  He provides two character witness statements dated 25 August and 8 December 2000, and his Report of Transfer or Discharge, DD Form 214, as supporting evidence.

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

He was born on 8 July 1954.  He enlisted in the Regular Army on 29 July 1971 for 2 years.  He completed basic training.

On 2 December 1971, the applicant was convicted by a special court-martial of being absent without leave (AWOL) from 5 through 13 October 1971 and from  20 through 29 October 1971.  He was sentenced to confinement at hard labor for 3 months and to forfeit $175.00 pay for 3 months.  

Upon release from confinement, the applicant completed advanced individual training and was awarded military occupational specialty 12A (Pioneer).  

On 27 July 1972, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for disobeying a lawful order to get out of bed.  On 26 September 1972, he accepted NJP under Article 15, UCMJ for failing to go to his appointed place of duty and being disrespectful in language towards his superior noncommissioned officer.

The applicant was AWOL from 5 through 29 January 1973 and again from          2 February through 14 March 1973.

The court-martial charges and the discharge proceedings packet are not available.

On 1 May 1973, the applicant completed a separation physical examination and was found qualified for separation.

On 7 May 1973, the applicant was discharged, with a discharge UOTHC, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial.  He had completed 1 year, 3 months, and 6 days of creditable active service and had 183 days of lost 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 charges have been preferred and must include the individual’s admission of guilt.  A discharge UOTHC 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.  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 and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2.  The Board notes the applicant’s young age at the time of his enlistment.  However, he was early made aware, through one court-martial and two instances of nonjudicial punishment, of the Army’s standards for conduct.  It appears that discipline was offered him and he elected to not to abide by it.  The Board is cognizant of his recent good conduct; however, that factor does not warrant granting the relief requested.  It would not be equitable to grant him the same rights and privileges that thousands of other soldiers, who entered the Army at the same age, earned through successfully completing their terms of service.  

3.  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

__fne___  __tap___  __hbo___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060793	
SUFFIX		
RECON		
DATE BOARDED	20011206	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19730507	
DISCHARGE AUTHORITY	AR 635-200, ch 10 	
DISCHARGE REASON	A70.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.