MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 August 2000                   
	DOCKET NUMBER:   AR1999034122

	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.

	Mr. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs 		Chairperson	
	Ms. Karol A. Kennedy 		Member	
	Mr. Ernest W. Lutz Jr. 		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:  That he had 76 months of good service, including two tours of duty in Vietnam, and the incident for which he was discharged was a one-time mistake.

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

He enlisted in the Regular Army for 3 years on 24 October 1966.  Following the completion of all required military training, he was awarded Military Occupational Specialty (MOS) 94B, Cook, and assigned to Fort George G. Meade, Maryland.

The applicant served two tours of duty in Vietnam; the first from 10 October 1967 to 30 September 1968, and the second from 26 March 1969 to 9 April 1970.  He was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.  He rose to the rank of Specialist Five (E-5) on 18 December 1969.  On 20 May 1969, he reenlisted for 4 years.

On 21 November 1971, the applicant absented himself from his unit without proper authority (AWOL) and remained absent until 11 January 1972.  He was offered, and accepted, nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice.  His punishment included reduction to Specialist (E-4), suspended for 6 months, and forfeiture of $100 per month for 2 months.

On 6 December 1972, the applicant was tried and convicted by a special court-martial for AWOL from 2 May 1972 to 16 October 1972.  He was sentenced to confinement at hard labor for 1 month (suspended), forfeiture of $190, and reduction to Private (E-1).

On 26 January 1973, the applicant was convicted in US District Court of altering a US Treasury check.  He was sentenced to 18 months confinement (suspended) and placed on 5 years' probation.  On 16 October 1973, his probation was terminated for a violation and he was remanded into custody for service of his sentence.

On 2 November 1973, the applicant's commander recommended that the applicant be separated by reason of a civil court conviction under the provisions of Army Regulation 635-206.  The applicant was notified and, on 15 January 1974, waived all rights and declined to submit a statement in his own behalf.  The recommendation was approved on 30 January 1974 and it was directed that the applicant be given a UD.

The applicant's discharge was executed on 7 February 1974.  He had 6 years, 4 months, and 9 days of total creditable service and 335 days of lost time due to AWOL and confinement.

Army Regulation 635-206, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Section III of the regulation provided, in pertinent part, that members convicted by a civil court were subject to separation. An undesirable discharge was normally considered appropriate.

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 this requirement.

2.  Contrary to his assertion, the applicant's overall record of service was extremely poor -- he had multiple periods of AWOL and both NJP and a court-martial conviction to his credit.  His discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant's overall record of military service.

3.  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

__dsj___  __kak____  __ewl____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999034122	
SUFFIX		
RECON		
DATE BOARDED	20000801	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19740207	
DISCHARGE AUTHORITY	AR 635-206	
DISCHARGE REASON	A61.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.