MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE: 
	DOCKET NUMBER:   AR1999029630

	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. 		Chairperson	
	Mr. 		Member	
	Mr. 		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 an honorable discharge (HD).

APPLICANT STATES:  In effect, that when he volunteered for his release from the Army, he was not advised about the type of discharge he was receiving; and that with a UD he is not eligible for VA benefits.

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

On 3 December 1970 the applicant was inducted into the U.S. Army for a period of 2 years.  He successfully completed basic combat training at Fort Leonard Wood, Missouri, and remained at Fort Leonard Wood for his advanced individual training (AIT).  He did not complete AIT.

The applicant’s record documents that the highest permanent rank he held on active duty was private/E-1 and the record contains no documented acts of valor, achievement, or service warranting special recognition.

On 22 March 1971 he accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ, for failing to go at the time prescribed to his appointed placed of duty.  The punishment imposed was a forfeiture of $25 and 14 days extra duty and restriction.

On 1 April 1971 he accepted NJP for being absent from his place of duty.  The punishment imposed was a forfeiture of $30 and 14 days extra duty and restriction.

On 2 April 1971 the applicant departed AWOL.  He returned to military control at Fort Sill, Oklahoma, on 18 May 1971.  The record indicates he was in pre-trial confinement from 25 May to 7 June 1971.

On 7 June 1971 he was convicted by a special court-martial for violation of UCMJ, Article 86, AWOL.  He was sentenced to confinement at hard labor for 4 months and forfeiture of $40 per month for 4 months.

On 8 June 1971 he was reassigned to the Confinement Training Facility at Fort Riley, Kansas.  He remained in confinement until 10 August 1971.

On 23 August 1971 the applicant departed AWOL.  He returned to military control at Fort Jackson, South Carolina, on 13 October 1971. 

On 9 November 1971 he voluntarily requested discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial.  In a written statement submitted with his request for discharge, the applicant stated that  “I am resigning from the Army for the following reasons:  I have no ambitions whatsoever to serve in the Army and no desires to accept any responsibilities bestowed upon me by the military.  The Army interrupted a well worthwhile life for me as a civilian by drafting me and I will continue to go AWOL as much as necessary to obtain a discharge from the Army.”

The applicant was separated on 12 November 1971 under the provisions of AR 635-200, Chapter 10, with an Undesirable Discharge Certificate.  He was credited with 5 months and 18 days of active military service, and 221 days lost time.

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. 

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.

2.  The evidence of record shows that the applicant admitted guilt to the stipulated offense under the UCMJ, he consulted with defense counsel, and he was properly advised of the reason for his discharge and the characterization of service he would receive for his offenses.

3.  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.

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

________  ________  ________  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards

INDEX

CASE ID	AR199905441	
SUFFIX		
RECON		
DATE BOARDED	19991123	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19751104	
DISCHARGE AUTHORITY	AR 635-200, C10	
DISCHARGE REASON	7100	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1.  9217		
2.  0100		
3.  9500		
4.		
5.		
6.