MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 June 1999                   
	DOCKET NUMBER:   AR1999015247

	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. James M. Alward 		Chairperson	
	Mr. Melvin H. Meyer 		Member	
	Mr. Allen L. Raub 		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:  In effect, that he made a mistake while in the Army and received a UD.  He would like an upgrade to an HD in order to improve his job opportunities.  He provides a handwritten letter saying it’s been 25 years since his discharge and he has suffered long enough.

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

He enlisted in the Regular Army for 3 years on 30 August 1971.  Following aircraft maintenance training, he was sent to Germany for his first duty assignment, arriving in Germany on/about 10 January 1972.  Although his conduct and efficiency ratings were excellent while he was in training, his ratings at his first duty station were unsatisfactory.

On 14 January 1973, the applicant departed his unit in an AWOL status.  He returned to military control at Fort Dix, New Jersey on 1 March 1973 and was punished by nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice.  He again went AWOL on 2 April 1973 and remained absent until 7 August 1973.  Court-martial charges were preferred against the applicant and, on 16 August 1973, 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 offenses under the UCMJ.  He also provided a statement in his own behalf in which he said that he was in debt and also had a pregnant girl friend.

The applicant’s request for discharge was accepted on 3 October 1973.  He was issued a UD on 9 July 1974.  He was credited with 2 years, 4 months, and 9 days of active Federal service and 169 days of lost time due to AWOL.

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 submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Army policy states that although an honorable or general discharge was authorized, a UD was normally considered appropriate at the time of the applicant’s separation.

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 was a substandard soldier who had two periods of AWOL totaling 169 days.  He received NJP for his first period of AWOL, but did not learn his lesson and went AWOL a second time.  After his second AWOL, court-martial charges were preferred against him and he requested discharge in lieu of trial.

3.  The applicant’s voluntary request for separation under the provisions of Chapter 10, Army Regulation 635-200, for the good of the service to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.  The characterization of service awarded was both proper and equitable.

4.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.

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

__JM ___  __MHM__  __ALR __  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015247	
SUFFIX		
RECON		
DATE BOARDED	19990616	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19740709	
DISCHARGE AUTHORITY	AR 635-200 C10	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.