MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  2 July 2002
	DOCKET NUMBER:  AR2002068420

	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	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Arthur A. Omartian		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 the character of his discharge for the period ending 20 April 1971 be upgraded from under other than honorable conditions to honorable.

APPLICANT STATES:  The applicant provides no statement as to why he believes the record is in error or unjust.

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

That he enlisted on 30 October 1967, and was honorably discharged on 
7 January 1969, as a private first class (PFC) to reenlist on 8 January 1969, for a three year term of service.

On 30 January 1969, the applicant was punished under Article 15, Uniform Code of Military Justice (UCMJ), for being absent without leave (AWOL) for 15 ½ hours and wrongfully appropriating a ¾ ton truck.  He was punished by forfeiture of pay and 14 days extra duty and restriction.

On 6 January 1970, the applicant was convicted by a special court-martial for AWOL from 9-16 December 1969.  He was sentenced to 60 days hard labor and reduced to private, pay grade E-1.

As the result of an Article 32 investigation, on 8 April 1971, the applicant requested by letter signed by him, discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial under circumstances which could lead to a bad conduct or dishonorable discharge.  He wrote that he had not been coerced to make this request and that he had been advised of the implications.  He also wrote that he understood that he might be discharged under other than honorable conditions and that consequently he might be deprived of his rights and benefits as a veteran under both Federal and State law.  He wrote that he had consulted with counsel.  The commanding general approved his request and directed that he receive an undesirable discharge under other than honorable conditions and that he be reduced to private, pay grade E-1.  The applicant was so discharged on 
20 April 1971.

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 requested discharge in lieu of trial by court-martial for an offense that could have resulted in a bad conduct or dishonorable discharge.  He wrote that he made the request without coercion, that he had been counseled on 

the consequences, and that he understood that by so doing he might be deprived of his rights and benefits as a veteran.  There is no evidence of any error or injustice in this discharge. 

2.  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

__kk____  ___rw___  ___ao___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068420	
SUFFIX		
RECON		
DATE BOARDED	20020702	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19710421	
DISCHARGE AUTHORITY	AR 635-200, chap 10	
DISCHARGE REASON	In Lieu of Trial by Court-Martial	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144 – Administrative Discharge	
2.	144.9408 – Discharge in Lieu of Court-Martial	
3.		
4.		
5.		
6.