MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           24 January 2002
	DOCKET NUMBER:   AR2001061637

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Richard T. Dunbar		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 (UD) be upgraded.

APPLICANT STATES:  In effect, that discharging him with a UD was an injustice.

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

He enlisted in the Regular Army (RA) on 8 February 1968 for 3 years and training in Army Career Group 63, Automotive Mechanic.  Following completion of all military training, the applicant was awarded military occupational specialty (MOS) 63B, Wheel Vehicle Mechanic and was assigned to Germany.

On 11 June 1968, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for leaving his appointed place of duty without proper authority.  His punishment consisted of forfeiture of $15.00 pay and 7 days of restriction and extra duty.

The applicant was honorably discharged from the Army on 18 December 1968 for the purpose of immediate reenlistment.  On 19 December 1968, he reenlisted in the RA for 3 years and the Station of Choice Enlistment Option - Republic of Vietnam.  The applicant served in Vietnam from 3 March 1969 to 2 March 1970.  He departed Vietnam on 3 March 1970 and was assigned to Fort Riley, Kansas.

The applicant reported to Fort Riley on 29 April 1970.  The applicant departed his unit on 3 September 1970 in an AWOL status and remained absent until 5 October 1970.  On 28 October 1970, the applicant accepted an NJP for being absent without leave (AWOL) from 3 September 1970 to 6 October 1970.  His punishment consisted of a forfeiture of $50.00 pay per month for two months and 15 days of restriction.  The applicant accumulated two more periods of AWOL (31 October 1970 – 5 November 1970 and 20 – 22 November 1970), but there is no record of disciplinary action for these offenses.

The applicant departed his unit on 30 November 1970 in an AWOL status and remained absent until 19 January 1971.

On 11 February 1971, the general manager of the Fort Riley Post Exchange notified the applicant’s chain of command that the applicant had uttered four dishonored checks totaling $43.00. 

On 18 February 1971, court-martial charges were preferred against the applicant. He was charged with one specification of AWOL and seven specifications of making and uttering worthless checks.

On 24 February 1971, the applicant departed his unit AWOL and remained absent until 25 February 1971.

On 5 April 1971 while awaiting a special court-martial, the applicant departed his unit AWOL and remained absent until 9 April 1971 when he surrendered to military authorities at Fort Leonard Wood, Missouri.  The applicant was restricted to the battalion area.

On 30 April 1971, at Fort Leonard Wood, court-martial charges were preferred against the applicant.  He was charged with three specifications of AWOL (30 November 1970 - 20 January 1971, 24 – 26 February 1971, and 5 - 9 April 1971). 

On 12 May 1971, after consulting with legal counsel regarding his rights, the applicant voluntarily and in writing requested discharge under the provisions of chapter 10, Army Regulation 635-200.  He submitted a statement in his own behalf.  He stated that the reason for his AWOL was to assist his family.  He stated that he had requested a hardship discharge; however, the request never left the company area.  The applicant became disillusioned with the Army.  He felt that he could not soldier anymore and that getting out of the Army was beneficial to his family as well as himself.  The company and intermediate commanders recommended that the applicant’s request for discharge be approved with a UD.

The applicant has a period of lost time (AWOL) from 11 - 15 June 1971.

On 21 June 1971, the appropriate authority approved the applicant’s request for discharge under the provisions of chapter 10, Army Regulation 635-200 with a UD.  Accordingly, on 28 June 1971, he was discharged from the Army after completing 3 years, 1 month, and 3 days of active military service and accruing 104 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, 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 a UD.

The applicant appealed to the Army Discharge Review Board (ADRB) for an upgrade of his UD to a general, under honorable conditions discharge.  The ADRB denied the applicant’s appeal on 24 July 1974.

The applicant again applied to the ADRB for an upgrade of his discharge, however, it was beyond its 15-year statute of limitations.  The applicant was referred to the Army Board for Correction of Military Records.  
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.

2.  The applicant's voluntary request for separation under the provisions of chapter 10, Army Regulation 635-200, for the good of the service, to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.  There is no indication that the request was made under coercion or duress.

3.  The discharge process was in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant's overall record.  Furthermore, the applicant by amassing multiple periods of AWOL, knowingly risked a military career and diminished the quality of his service below that meriting a general or fully honorable discharge.

4.  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

__GDP__  __WTM__  ___RTD _  DENY APPLICATION

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

INDEX

CASE ID	AR2001061637	
SUFFIX		
RECON		
DATE BOARDED	20020124	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19710628	
DISCHARGE AUTHORITY	AR 635-200, c10	
DISCHARGE REASON	In lieu of trial by court-martial	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	144.9405	
2.		
3.		
4.		
5.		
6.