MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           2 May 2002                             
	DOCKET NUMBER:   AR2001062808

	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. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Christopher J. Prosser		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 the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	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 honorable.  He also wants the reason for his discharge changed from for the good of the service to “Convenience of the government”. 

APPLICANT STATES:  In effect, that he believes his ability to serve was impaired because of family problems.  He found out from friends/relatives that his mother was having extreme family problems.  She had not wanted him to know because his mother knew he would be worried about his family.  He admits to leaving his duty station, because he felt it was his duty to see about the welfare of his mother and two sisters ages 9 and 14 years old.  He points out that his mother had a mental breakdown from his stepfather’s physical abuse.  Legal action was required to get his stepfather out of his mother’s home.  He claims the mental stress he shouldered became more than he could bear.  He also claims that the Fort Leonard Wood officials assured him that he could get the discharge upgraded at any time. He believes that his discharge should be upgraded to honorable and if the Board disagrees to provided him with a detailed explanation. He fails to provide a date of discovery but believes the Board should consider the case because states that his youth and immaturity then is, outweighed by the mature and rational judgments he can make today.  

EVIDENCE OF RECORD:  The applicant's military records are limited in that they do not contain several separation processing documents.  However, his records shows that he enlisted on 31 October 1972 at the age of 18 for 3 years of active duty.  He completed basic training, advanced individual training and was awarded military occupational specialty of 13A10 (Field Artillery Crewman) at Fort Carson, Colorado.  On 31 February 1973 he was advanced to pay grade 
E-2.

On 7 September 1973 the applicant was absent without leave (AWOL) for 3 days and accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ). 

His DA Form 20 shows that he was returned to duty as an Motor Carrier Driver at Fort Carson.  On 4 February 1974, he was listed as being absent without leave (AWOL) and was dropped from the rolls of the Army on 5 March 1974.  He was returned to military control at Fort Leonard Wood, Missouri on 5 May 1974. 

On 28 May 1974 a physical examination found the applicant qualified for separation with a physical profile of 111111.  

On 13 June 1974, Department of Army, Headquarters, US Army Training Center Engineer and Fort Leonard Wood, Missouri issued Special Orders Number 
164 to effectively separate the applicant under the provisions of Army Regulation 635-200, chapter 10 under conditions other than honorable.  He was issued a  DD Form 258A (Undesirable Discharge Certificate).

The specific facts and circumstances surrounding the applicant’s separation are not on file.  On 14 June 1974, the applicant was separated with a undesirable discharge under the provisions of chapter 10, Army Regulation 635-200, for the good of the service.  His DD Form 214 shows that he had 1 year, 3 months and 
3 days of creditable service and 131 days of lost time due to AWOL.  The highest pay grade he attained was E-2.  

There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 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.  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. The character of the discharge is commensurate with his overall record.

2.  The contention that he was young and immature is noted; however he demonstrated a capacity for honorable service by completion of basic and advanced individual training and completion of approximately 11 months of offense free service.

3.  There is no evidence to either substantiate the seriousness of the applicant’s family problems or to demonstrate how his AWOL alleviated the situation.

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

___FNE _  ___WTM   __CJP __  DENY APPLICATION

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

INDEX

CASE ID	AR2001062808	
SUFFIX		
RECON		
DATE BOARDED	2002.05.02	
TYPE OF DISCHARGE	UD 	
DATE OF DISCHARGE	19740614	
DISCHARGE AUTHORITY	AR635-200, Ch 10 .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A110.02	
2.	A94.07	
3.		
4.		
5.		
6.