MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:		

	BOARD DATE:           12 April 2000
	DOCKET NUMBER:   AR1999030290

	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. Robert G. Hinkle		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. James P. Stueve		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 general, under honorable conditions (GD).

APPLICANT STATES:  In effect, that the characterization of his service does not fully reflect his overall service; that his command failed to adequately address his personal problems; and, that his discharge is inequitable because it presents a barrier to successful transition to civilian life.

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

On 31 October 1973 the applicant enlisted in the Regular Army for a period of 3 years.  He successfully completed basic combat training and advanced individual training (AIT) in military occupational specialty 11B (Light Weapons Infantry) at Fort Ord, California.  He was reassigned to Fort Carson, Colorado.

The applicant’s record documents that the highest permanent rank he held on active duty was private first class/E-3 and the record contains no documented acts of valor, achievement, or service warranting special recognition.

On 15 October 1974 he departed AWOL and returned to duty on 20 October 1974.  On 24 October 1974 he accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ, for being absent from his unit.  The punishment imposed was a forfeiture of $65 (suspended until 21 April 1975) and 14 days extra duty.

On 7 April 1975 the applicant departed AWOL.  He was dropped from the rolls as a deserter on 7 May 1974. 

On 4 August 1975 the applicant was apprehended by civilian authorities in Church Rock, New Mexico, and returned to duty at Fort Bliss, Texas.  On 
6 August 1975 he was transferred to the Confinement Control Facility at Fort Sill, Oklahoma as a duty soldier, restricted to the company area.  

On 13 August 1975 he voluntarily requested discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial.   The unit commander indicated that the applicant had too many problems preventing him from being a good soldier.

The applicant was separated on 27 August 1975 under the provisions of AR 635-200, Chapter 10, with an Undesirable Discharge Certificate.  He was credited with 1 year, 6 months and 1 day of active military service, and 119 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 applicant has not submitted, nor is there any evidence of record, to support his contention that his command failed to adequately assist him with his personal problems.  The Board determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct which led to his separation. 

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

___rgh__  __bje___  ___jds___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards

INDEX

CASE ID	AR1999030290	
SUFFIX		
RECON		
DATE BOARDED	20000412	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19750827	
DISCHARGE AUTHORITY	AR 635-200, C10	
DISCHARGE REASON	7100	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1.  9217		
2.  9309		
3.  0100		
4.		
5.		
6.