MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            11 September 2003
	DOCKET NUMBER:   AR2003088332

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. John T. Meixell		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 an honorable or a general discharge.

APPLICANT STATES:  That the type of discharge that he received was an injustice.

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

On 11 July 1968, he enlisted in the Army at Fort Bliss, Texas, for 2 years in the pay grade of E-1.  He had completed basic combat training and was undergoing his advanced individual training when he was convicted by a special court-martial on 27 December 1968, of being absent without leave (AWOL) from 2 November until 17 December 1968.  He was sentenced to confinement at hard labor for 3 months and a forfeiture of pay.

On 29 July 1969, the applicant was convicted by a special court-martial of being AWOL from 3 June until 27 June 1969.  He was sentenced to confinement at hard labor for 3 months and a forfeiture of pay.

On 26 September 1969, he was convicted by a special court-martial of violating the conditions of his parole and of being AWOL from 6 September until 8 September 1969.  He was sentenced to confinement at hard labor for 4 months and a forfeiture of pay.

The applicant was notified that charges were pending against him for being AWOL from 31 August 1970 until 10 January 1971.  He acknowledged receipt of the notification on 25 February 1971.  After consulting with counsel, he submitted a request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of trial by court-martial.  Along with his request for discharge, he submitted a statement in his own behalf basically explaining his reasons for his convictions by court-martial.  He also stated that he wanted to be discharged from the Army because he had difficulty adjusting to military life, as he did not like to take orders; that his wife was attempting to divorce him; and that his mother was having grave financial problems.

The appropriate authority approved the request for discharge on 5 March 1971.  Accordingly, on 10 March 1971, the applicant 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 had completed 9 months and 2 days of total active service and he had approximately 242 days of lost time due to AWOL and confinement.  He was furnished an Undesirable Discharge Certificate.

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 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.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

3.  The Board has noted the applicant’s contentions.  However, the applicant was convicted by a special court-martial on three occasions for being AWOL and he had charges pending against him for being AWOL a fourth time.  Considering his numerous acts of indiscipline it does not appear that his discharge was an injustice or too severe.  He chose to submit a request for discharge for the good of the service, in lieu of trial by court-martial.  Although he may now believe that he made the wrong choice, he should not be allowed to change his mind at this late date.

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

__cjp____  ___sk___  ___jm ___  DENY APPLICATION

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

INDEX

CASE ID	AR2003088332	
SUFFIX		
RECON		
DATE BOARDED	2003/09/11	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1971/03/10	
DISCHARGE AUTHORITY	AR 633-200, CH10/GOOD OF SERVICE	
DISCHARGE REASON	689	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  708	144.7100/AWOL	
2.		
3.		
4.		
5.		
6.