MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  13 May 1999 
	DOCKET NUMBER: AR199902323216

	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.  

	Mr. Loren G. Harrell		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. Samuel Calderon		Member	
	Mr. Kenneth L. Wright		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.

APPLICANT REQUESTS:  That his general discharge (UD) be upgraded to a fully honorable discharge. 

APPLICANT STATES:  In effect, that he was young at the time he enlisted and regrets that he did not complete the last 6 months of his service obligation.

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

The applicant enlisted in the Regular Army on 11 November 1973, for a period of 
2 years and training in Military Occupational Specialty 64C (Motor Transportation Operator).  He was only 17 years old at the time of his enlistment.  Both his mother and his father signed the consent declaration.  The highest grade he achieved was pay grade E-2.  

On 13 November 1973 and 9 January 1974, while assigned to Fort Ord, California, nonjudicial punishment (NJP) was imposed against the applicant for being absent from his place of duty without authority (12 November 1973 and
8 January 1974).  His punishments included forfeiture of pay, extra duty, restriction, and an oral reprimand.

On 17 April 1974, NJP was imposed against the applicant for two additional offenses: for being absent without leave (AWOL) from Frankfurt, Germany 
7 March - 4 April 1974, and for failure to go to his appointed place of duty at the time prescribed on 15 April 1974, while at Fort Campbell, Kentucky.  His punishment included reduction from pay grade E-2 to pay grade E-1 and forfeiture of pay.

On 19 December 1974, he departed Germany in ordinary leave status and he failed to return.  He remained AWOL until civil authorities apprehended him in Cleveland, Mississippi on 14 January 1976.  On 22 January 1976, he was returned to the Personnel Confinement Facility, Fort Campbell Kentucky.

On 22 January 1976, court-martial charges were preferred for the period of AWOL from 19 December 1974 - 14 January 1976.

On 5 February 1976, 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.  Counsel advised him that the offense for which he was charged could lead to a UD.  He stated that he understood the ramifications of a UD, and he declined to submit a statement in his own behalf.  Both the applicant’s unit commander and the intermediate commander recommended separation with a UD. 

On 13 February 1976, competent authority approved the applicant's request.  On 
12 March 1976, he was separated with a UD for the good of the service, in lieu of trial by court-martial, under the provisions of chapter 10, Army Regulation 635-200.  He completed 1 year, 2 months, and 9 days of active military service and he had 294 days lost time during his enlistment and 185 days of lost time subsequent to his normal end term of service date.

The record indicates the Army Discharge Review Board denied the applicant an upgrade of his discharge in May 1979.

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 UD was 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 the aforementioned requirement.

2.  The Board has taken into consideration that the applicant was young at the time of his offenses.  However, his performance and conduct was a clear departure from the Army standards for acceptable personal conduct and performance.  Even though he was young, the Board found no evidence that he was any less mature than other soldiers of the same age who successfully completed their military obligations.

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.

4.  The, applicant was appropriately discharged in accordance with regulations in effect at the time. 

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

6.  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

RVO____  SC_____  KLW_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023216	
SUFFIX		
RECON		
DATE BOARDED	19990513	
TYPE OF DISCHARGE	(UD)	
DATE OF DISCHARGE	19760312	
DISCHARGE AUTHORITY	AR635-200, Chapter 10	
DISCHARGE REASON	For the good of the service	
BOARD DECISION	(NC)	
REVIEW AUTHORITY		
ISSUES         1.	Request honorable discharge.	
2.		
3.		
4.		
5.		
6.