MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 1 December 1999 DOCKET NUMBER: AR1999026088 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. Loren G. Harrell Director Mrs. Joyce A. Hughes Analyst The following members, a quorum, were present: Ms. Margaret K. Patterson Chairperson Mr. Arthur A. Omartian Member Mr. Elzey J. Arledge, Jr. 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: In effect, that his discharge under other than honorable conditions be upgraded. APPLICANT STATES: In effect, that he was the only son of a rancher and he needed out of the Army to help his father, so that they would not lose the ranch. EVIDENCE OF RECORD: The applicant's military records show: The applicant was born on 15 January 1951. He enlisted in the Regular Army on 23 October 1970, for 2 years, with no prior service. On 30 June 1971, the applicant accepted nonjudicial punishment, under Article 15, Uniform Code of Military Justice, (NJP) for being absent without leave (AWOL) from 21 to 30 June 1971. His imposed punishment was a forfeiture of $30.00 per month for one month, reduction to pay grade E-1, 14 days restriction and 14 days extra duty. Reduction to E-1 suspended for 30 days. On 9 November 1971, the applicant accepted NJP for being AWOL from 8 September to 7 November 1971. His imposed punishment was a forfeiture of $30.00 pay per month for two months (suspended for 90 days), reduction to pay grade E-1 (suspended for 90 days), 30 days restriction and 20 days extra duty. On 27 January 1972, the applicant accepted NJP for speeding 55 MPH in a posted 30 MPH zone on 5 different occasions, for being 6 hours AWOL on 26 January 1972 and for disobeying a lawful order. His imposed punishment was a forfeiture of $70.00, 14 days restriction and 14 days extra duty (restriction and extra duty suspended until 14 April 1972). On 3 February 1972, the applicant accepted NJP for being AWOL for 4 hours. His imposed punishment was a forfeiture of $50.00 pay per month for one month. On 23 May 1972, court-martial charge were preferred against the applicant for being AWOL from 16 February to 22 May 1972. On 26 May 1972, the applicant consulted with legal counsel and voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trail by court-martial. The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits. He was afforded the opportunity to submit statements in his behalf. The applicant stated in effect, that he would like to get out of the Army and that the Army was not for him. He has been AWOL three times and will go again if his family needs him at home. He further states that he cannot do or give his best while in the service. His wife and child was ill and he is needed desperately at home. He doesn't wish to stay in the Army any longer. On 31 May 1972, a mental and a physical evaluation found the applicant fit for retention. On 14 June 1972, the appropriate authority approved the applicant's request for discharge and directed the issuance of a discharge UOTHC. On 15 June 1972, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of service with a discharge UOTHC. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provided, 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 trail by court-martial. 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, and advisory opinion(s), 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 the aforementioned requirement. 2. The applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, 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 type of discharge directed and the reasons therefore were appropriate considering all the facts of the case. 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 __mkp___ __aao___ __eja___ DENY APPLICATION Loren G. Harrell Director INDEX CASE ID AR1999026088 SUFFIX RECON DATE BOARDED 19991201 TYPE OF DISCHARGE UOTHC DATE OF DISCHARGE 19720615 DISCHARGE AUTHORITY AR 635-200, Ch 10 DISCHARGE REASON A71.00 BOARD DECISION (DENY) REVIEW AUTHORITY ISSUES 1. 144.7100 2. 3. 4. 5. 6. ABCMR Memorandum of AC Consideration (cont) ABCMR Memorandum of AR1999026088 Consideration (cont) 2 5