MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 January 2000                  
	DOCKET NUMBER:   AR1999029618

	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.

	Ms. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright 		Member	
	Mr. Luther L. Santiful		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 to honorable.

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

On 2 October 1968 the applicant was inducted into the U.S. Army for a period of 2 years.  He was assigned to Fort Bragg, North Carolina, for basic combat training.  On 28 February 1969 he was reassigned to Fort Leonard Wood, Missouri, for training in military occupational specialty (MOS) 12A10 (Pioneer).

The applicant’s record documents that the highest permanent rank he held on active duty was private/E-2 and that the record contains no documented acts of valor, achievement, or service warranting special recognition.

On 13 May 1969 the applicant departed AWOL.  He returned to military control on 9 August 1969.  He was placed in confinement and returned to duty on 13 October 1969.

He accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ, on 16 October 1969 for his AWOL offense.  His punishment included forfeiture of $40 per month for two months, extra duty for 45 days, and restriction for 60 days.

The applicant again departed AWOL from 2 November 1969 to 26 January 1970; and, 15-18 February 1970.  On 16 March 1970 the applicant was convicted by special court-martial and sentenced to confinement at hard labor for 3 months and forfeiture of $10 per month for 3 months (suspended for 2 months).

The applicant was placed in confinement on 16 May 1970 and was reassigned on 24 March 1970 to the U.S. Army Correctional Training Facility at Fort Riley, Kansas, for rehabilitation. 

The applicant again departed AWOL on 20 May 1970 while enroute to the U.S. Army Medical Training Center, Fort Sam Houston, Texas.  He surrendered to military control at Fort Knox, Kentucky, on 8 October 1970 and was immediately placed on duty status.  

He departed Fort Knox AWOL on 23 November 1970 and surrendered to civilian authorities in Louisville, Kentucky on 22 April 1971.  He was again placed on duty status.

The applicant departed AWOL on 23 April 1971 and was apprehended by civilian authorities in Hazard, Kentucky, on 12 July 1975.  He was transported to Fort Knox, Kentucky, placed in confinement on 15 July 1975, and charged with three specifications of AWOL.   

On 25 July 1975 the applicant voluntarily requested discharge for the good of the government in lieu of trial by court-martial.  Thereafter he was separated on 22 September 1975 under the provisions of Chapter 10, AR 635-200, with an under other than honorable conditions discharge.  He was credited with 1 year, 2 months, and 25 days active military service.

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 submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.  

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.

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 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.  Nor does the record support that the character of discharge was too harsh.

2.  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.

3.  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

____jns__  ___inw__  __lls____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029618	
SUFFIX		
RECON		
DATE BOARDED	20000112	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19750922	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	7100	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1  9217		
2.  0100		
3.  9500		
4.		
5.		
6.