MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  6 May 1999
	DOCKET NUMBER:   AR1999020133

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Ms. Carol Jo Suiter		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 her undesirable discharge (UD) be upgraded to an honorable discharge. 

APPLICANT STATES:  In effect, that she was a Vietnam era soldier, she was a good soldier and now she needs help.

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

On 15 August 1972, she enlisted in the Regular Army a period of 3 years under the buddy basic training plan and training in military occupational specialty (MOS) 
05 (Radio Code).  She completed basic combat training at Fort McClellan, Alabama, and in October 1972, she was assigned to Fort Devens, Massachusetts for advanced individual training (AIT).  

In January 1973, she was reassigned to Fort Gordon, Georgia for teletype training. During separation processing, the applicant alleged that she was reassigned because she could not obtain a top-secret clearance which was a requirement for training in MOS 05.  The reason for the reassignment is not clearly documented.  

On 22 February 1973, while assigned to Fort Gordon, Georgia, the applicant departed her unit in an absent without leave (AWOL) status.  On 25 April 1973, civilian authorities near Fort Carson, Colorado, apprehended her.  On 26 April 1973, she was returned to military control at Fort Carson.

On 27 April 1973, court-martial charges were preferred for the period of AWOL from 22 February - 26 April 1973.  On 30 April 1973, the applicant consulted with legal counsel and requested discharge for the good of the service, in lieu of trial by court-martial, under the provisions of chapter 10, Army Regulation 635-200.  She was advised that the offense for which she was charged could lead to a UD.  She stated that she understood the ramifications of a UD.  She indicated in a statement submitted in her behalf that she did not desire to remain in the Army because she could not handle it.  She stated that the Army just messed up her head and she did things that she really did not want to do.

On 30 April 1973, the applicant’s unit commander recommended separation with a UD.  On 8 May 1973, competent authority approved her request.  On 30 May 1973, she was separated under the provisions of chapter 10, Army Regulation 635-200, for the good of the service with a UD.  She completed 7 months, and 12 days of active military service and she had 64 days lost time due to being AWOL. 

The record indicates the Army Discharge Review Board denied the applicant an upgrade of her discharge on 25 June 1981.

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.  Although, an honorable or general discharge was authorized, a UD was then considered appropriate.

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.  The Board notes the applicant’s statement of Vietnam era service and that she was a good soldier.  The Board determined that the applicant never served in the Republic of Vietnam.  Furthermore, she committed an act of misconduct by going AWOL when she had other legitimate avenues she could have pursued in resolving her personal problems.  

3.  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.  The type of discharge directed and the reason for discharge was appropriate considering the facts of the case.

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

FNE____  EWL____  CJS____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999020133	
SUFFIX		
RECON		
DATE BOARDED	19990506	
TYPE OF DISCHARGE	(UD)	
DATE OF DISCHARGE	19730530	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	For the good of the service	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	She was Vietnam era soldier, she was good soldier and now she needs help.	
2.		
3.		
4.		
5.		
6.