MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           6 April 2000
	DOCKET NUMBER:   AR1999030062

	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	
	Mr. Ernest M. Willcher		Member	
	Mr. James E. Anderholm		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 discharge (HD).

APPLICANT STATES:  In effect, that he went AWOL after his first tour of duty because his mother was in the terminal phase of cancer; that he was 20 years old when his mother died and that he could not adjust to her death; that since separation from service he has worked for the same company for 28 years; and that he does not have a criminal record.

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

On 21 September 1967 he enlisted in the Regular Army for a period of 3 years.  He successfully completed basic combat training at Fort Knox, Kentucky, and was assigned to Fort Cam bell, Kentucky, for advanced individual training (AIT) on 27 November 1967.  He was assigned as permanent party to Fort Campbell, Kentucky, after completion of AIT.

On 22 October 1968 he was assigned to Korea and successfully served there until 29 October 1969.

On 29 October 1969 he was honorably discharged for the purpose of immediate reenlistment.  He was credited with 2 years, 1 month, and 9 days active military service. 

On 30 November 1969 he departed Korea enroute to Fort Stewart, Georgia.

The applicant’s record documents that the highest permanent rank he held on active duty was specialist/E-4.  He received the National Defense Service Medal and Armed Forces Expeditionary Medal.

On 10 November 1969 he received nonjudicial punishment under the provisions of UCMJ for making a false statement.  The punishment imposed was reduction to private first class/E-3 (suspended until 10 December 1969) and forfeiture of $65.

On 1 April 1970 he was convicted by special court-martial (SPCM) for violation of the UCMJ, Article 86, two periods of AWOL:  20 January-23 February 1970; and, 26 February-4 March 1970.  He was sentenced to forfeiture of $150 per month for 3 months.

On 16 April 1970 he again departed AWOL.  On 17 June 1970 the applicant was dropped from the rolls as a deserter.  He was returned to military authorities at Fort Dix, New Jersey on 12 November 1970.

On 14 December 1970 he requested a discharge under the provisions of chapter 10, AR 635-200, in lieu of trial by court-martial.  The appropriate authority approved his request for discharge.  Accordingly, on 22 January 1971 he was discharged with an Undesirable Discharge Certificate.  He was credited with 6 months and 12 days of active military service in the period under review and a total of 2 years, 7 months, and 21 days creditable 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 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.  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.  While the Board is empathetic with regards to the applicant’s personal distress at the time of his separation, the Board found that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct which led to the separation action.  

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

__jns____  __emw__  __jea___  DENY APPLICATION

KARL F. SCHNEIDER
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030062	
SUFFIX		
RECON		
DATE BOARDED	20000406	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19710122	
DISCHARGE AUTHORITY	AR 635-200, C10	
DISCHARGE REASON	7100	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1.  9217		
2.  9309		
3.  9321		
4.  0100		
5.		
6.