MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 January 1999                                       
	DOCKET NUMBER:   AR1999014803

	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. Loren G. Harrell		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn 		Chairperson	
	Mr. Walter T. Morrison 		Member	
	Ms. Margaret V. Thompson 		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.

APPLICANT STATES:  That he was the victim of discrimination in promotion practices; that false accusations were made against him for theft by civil authorities; that his personnel and pay records were not at his duty station and he had difficulty getting paid; and that he was given a UD because of his race.

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

He enlisted in the Regular Army for 3 years on 15 October 1968.  Following Basic Combat Training at Fort Knox, Kentucky, and military police (MP) training at Fort Gordon, Georgia, he was sent to his first permanent duty station at Fort Sam Houston, Texas, where he was assigned as an MP.  He served at Fort Sam Houston from 19 March 1969 to 24 June 1969.  He was promoted to E2 on 1 February 1969 and E3 on 5 April 1969.

While at Fort Sam Houston, the applicant received orders to Vietnam.  He left Texas on 24 June 1969 with orders to report to the Overseas Replacement Station, Oakland, California, not later than 26 July 1969 for transfer to Vietnam.  He reported to the Overseas Replacement Station, but went AWOL from 
13-20 August 1969, for which he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ).  He was then removed from orders to Vietnam and diverted to Fort Carson, Colorado.

The applicant reported to Fort Carson and his service from that point was punctuated by a series of lengthy AWOLS.  The record shows that he was AWOL during the following periods:  26 September 1969 through 17 October 1969; 1-4 November 1969; 13 November 1969 through 26 January 1970; 13 March 1970 through 28 July 1970; 5 August 1970 through 1 October 1970; 7 October 1970 through 5 March 1971; 7 March 1971 through 14 October 1971, the date of expiration of his term of service (ETS); and 5 October 1971 to 19 April 1973.

The applicant returned to military control on 20 April 1973 at Fort Leonard Wood, Missouri.  Court-martial charges were preferred against him and, after consulting with legal counsel, he requested discharge in lieu of trial by court-martial under the provisions of Chapter 10, AR 635-200.  His request was approved and he was separated with a UD on 1 June 1973.  He had 1 year, 5 months, and 2 days of creditable service, 669 days of lost time prior to his ETS, and 516 days of lost time after ETS.

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, and advisory opinion(s), 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.  There is no evidence that the applicant was the victim of discrimination.  His arrest by civil authorities in Colorado on suspicion of theft is not noted in his record.  If the applicant’s service records were not at his duty station, it was most likely because of his repeated, lengthy AWOL’s.

3.  The evidence of record shows the applicant was charged with the commission of an offense (AWOL) punishable under the UCMJ with a punitive discharge.  It is noted that, after consulting with defense counsel, the applicant voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated offense under the UCMJ.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The characterization of service for this type of discharge is normally under other than honorable conditions (UD) and it is noted that the applicant was aware of that prior to requesting discharge.

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

___TNK _  ___WTM_  __MVT__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11931/AR1998012750	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990113	
TYPE OF DISCHARGE	(UD)	
DATE OF DISCHARGE	19730601	
DISCHARGE AUTHORITY	AR635-200/10	
DISCHARGE REASON	A71.00	
BOARD DECISION	(NC)	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.