PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            5 April 2000                  
	DOCKET NUMBER:   AR1999031632

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Stanley Kelly		Member	
	Mr. Lester Echols		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected by upgrading his discharge from under honorable conditions to fully honorable.

3.  The applicant’s military records show that on 28 May 1970, he enlisted in the Regular Army for a period of 3 years.  He completed basic training at Fort Dix, New Jersey and advanced individual training at Fort Sam Houston, Texas.  

4.  On 25 January 1971, he accepted nonjudicial punishment (NJP), under the provisions of Article 15, Uniformed Code of Military Justice (UCMJ) for failure to go at the time prescribed to his appointed place of duty, his punishment was a forfeiture.

5. In August 1972, the applicant was convicted by a special court-martial for being absent without leave (AWOL) from 15 April to 20 June 1972.  His sentence was reduction to pay grade E-1.

6.  On 2 October 1972 the applicant was barred from reenlisting.

7.  On 11 May 1973, a review of the applicant’s bar to reenlistment determined that the bar should remain in effect.  His commander stated that his conduct and efficiency were unsatisfactory; that his area in the barracks was below standards; that he had been AWOL from formations; and had been given authorization to attend classes to complete his high school education, but failed to attend any of the classes.

8.  On 26 June 1973, he accepted NJP, under the provisions of Article 15, UCMJ for being AWOL from 0800 to 1600 hours on 22 June 1973.  His punishment was a forfeiture.

9.  The facts and circumstances pertaining to the applicant’s discharge are not in the available records.  The Report of Transfer or Discharge (DD Form 214) indicates the applicant was discharged on 29 August 1973, under Army Regulation 635-200, section VI, chapter 2, for expiration term of service, and was issued an under honorable conditions discharge; it also reflects the applicant had 3 years of creditable service and 94 days of lost time. 

10.  Army Regulation 635-200, currently in effect, states that a discharge under honorable conditions will not be issued to soldiers upon separation at the expiration of the period of enlistment.

CONCLUSIONS:

1.  Notwithstanding the fact that the applicant was barred from reenlisting in October 1972, he remained on active duty until completion of his required service.  Under today’s standards the applicant would have been honorably discharged.  Therefore, when viewed in light of current Army policy, the applicant’s discharge should be upgraded to fully honorable as a matter of equity.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was honorably discharged from active duty on 29 August 1973.

2.  That the Department of the Army issue to the individual concerned an honorable discharge certificate from the Regular Army, dated 29 August 1973, in lieu of the under honorable conditions discharge of the same date now held by him.  

BOARD VOTE:  

___rvo___  ___sk___  __le____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999031632	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000405	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  110.00		
2.		
3.		
4.		
5.		
6.