MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           23 February 2000                  
	DOCKET NUMBER:   AR1999030071

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Mr. Raymond J. Wagner		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 discharge under other than honorable conditions be upgraded to general.
  
APPLICANT STATES:  In effect, that he served in Vietnam for one year and did  all of his duties to the best of his ability for a 19-year old man.  He contends that upon his return to the United States on 25 March 1968, there was no flag waving, or parade and that he was spat upon and called a “baby killer”.  He also contends that he received the same treatment from fellow service members who did not go to Vietnam.  He states that due to being young, wild and scared he went AWOL.  He further states that he doesn’t deserve an undesirable discharge because he did more than his share of duty in Vietnam, he put his life on the line for one year and could have died.  In support of his application, he submits a letter of explanation dated 22 July 1999, a copy of his DD Form 214 (Report of Transfer or Discharge), VA Form 23-22 (Appointment of Service Organization as Claimant’s Representative) dated 9 August 1976, a certificate for completion of the Operation of Wastewater Treatment Plants Program, a Certificate of Achievement and Instructor Award for the Pre-Release Job Search Program.    

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

The applicant was inducted on 19 October 1966.  He successfully completed basic and advanced individual training at Fort Ord, California, and was transferred to Vietnam for duty as an infantry operations intelligence specialist on 26 March 1967.  While in Vietnam, nonjudicial punishment (NJP) was imposed against the applicant on 14 March 1968 for being AWOL (8 March 1968 to 
11 March 1968).  His punishment consisted of a reduction to E-3 and forfeiture of $20 per month for one month.  The applicant’s appeal of the punishment was denied on 25 March 1968.

He left Vietnam on 25 March 1968 and reported for duty at Fort Bliss, Texas, on 6 May 1968.  

On 21 May 1968 NJP was imposed against the applicant for violation of a lawful general regulation (being off the military reservation without a properly authorized pass in his possession).  His punishment consisted of a forfeiture of $29 and restriction for 14 days and extra duty for 14 days to run concurrently.

The applicant was convicted by special court-martial on 6 September 1968 for being AWOL from 4 June 1968 to 17 August 1968.  He was sentenced to be confined at hard labor for 3 months and to forfeit $68 per month for 3 months.  On 13 September 1968 the convening authority approved the sentence but suspended the confinement at hard labor effective 17 September 1968 until
5 December 1968, at which time, unless the suspension is sooner vacated, the suspended portion of the sentence will be remitted without further action.

The applicant’s records show he went AWOL from 26 October 1968 to
12 February 1969 and 21 February 1969 to 22 October 1971.

The facts and circumstances surrounding the applicant’s charge sheet are not contained in the available records.  However, on 9 November 1971, after consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He indicated in his request that he understood that he could be discharged under other than honorable conditions and furnished an undesirable discharge, that he personally made the choice to submit his request and did not elect to submit a statement on his own behalf.  

On 30 November 1971 the appropriate authority approved the applicant’s request for discharge and directed that he be issued an Undesirable Discharge Certificate.

Accordingly, the applicant was discharged under other than honorable conditions on 3 December 1971 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service.  He had served 1 year, 10 months and 13 days of total active service and had 1188 days of lost time due to AWOL and confinement.

There is no indication in the available records to show that the applicant applied to the Army Discharge Review Board within its 15-year statue 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.  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.

3.  Careful consideration has been given to the applicant’s contentions.  Although his records do not contain court-martial charge sheets, his records do show 
1188 days lost.  In view of these extensive absences without authority, relief is not warranted in this case.

4.  The applicant chose to request an administrative discharge rather than risk the consequences of a court-martial.  Although he may now feel that he made the wrong choice, he should not be allowed to change his mind at this late date.

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

RVO____  EB______  RJW____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030071	
SUFFIX		
RECON		
DATE BOARDED	20000223	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19711203	
DISCHARGE AUTHORITY	AR 635-200 Chapter 10	
DISCHARGE REASON	For the good of the service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.