MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            7 December 2000
	DOCKET NUMBER:   AR2000044717

	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	
	Ms. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Mr. John P. Infante		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 honorable.

APPLICANT STATES:  In effect, that his discharge is inequitable because it was based on an isolated incident and that, after all this time, he has been punished enough and has paid the price for his misconduct.

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

On 25 July 1968, the applicant enlisted in the Regular Army (RA) for a period of 2 years.  He was assigned to Fort Benning, Georgia for basic combat and advanced individual training.  After completing his training, he was awarded military occupational specialty (MOS) 13A (Cannoneer) and was assigned to Fort Riley, Kansas.

On 7 April 1969, the applicant departed his unit in an absent without leave (AWOL) status.  On 5 May 1969, he was dropped from the rolls.  On 15 May 1969, he returned to military control.  On 29 May 1969, the applicant was convicted by summary court-martial for AWOL.  He was sentenced to a forfeiture of $50.00 pay and 30 days’ restriction.

On 6 September 1969, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice for failure to go to his appointed place of duty.  His punishment consisted of reduction from private/E-2 to private/E-1 (suspended) and 7 days’ restriction and extra duty.

On 15 January 1971, the applicant was charged with five specifications of AWOL.  On 20 January 1971, at Fort Riley, the applicant was placed in pretrial confinement in the post stockade.

After consulting with legal counsel regarding his rights, the applicant voluntarily and in writing requested discharge under the provisions of chapter 10, Army Regulation 635-200 with a UD.

On 3 March 1971, the unit and intermediate commanders recommended the applicant’s request be approved.

On 17 March 1971, the appropriate authority approved the applicant’s request for discharge from the Army with a UD.  Accordingly, on 30 March 1971, the applicant was discharged from the Army after completing 2 years and 21 days of creditable military service and accruing 103 days of lost time prior to expiration of his term of service (ETS) and 122 days of lost time subsequent to normal 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.

There is no evidence of record that the applicant applied to the Army Discharge Review Board (ADRB) within its 15-year statue of limitations.

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.  The Board noted the applicant’s contentions; however, neither the evidence submitted with the application, nor the evidence of record supports them.  The evidence of record indicates the applicant’s misconduct was not of an isolated nature, but of multiple periods of AWOL.  

2.  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.

3.  The discharge process was in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with his overall record.

4.  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.

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

__rvo___  __jpi____  __ewl____  DENY APPLICATION

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

INDEX

CASE ID	AR2000044717	
SUFFIX		
RECON		
DATE BOARDED	20001207	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19710330	
DISCHARGE AUTHORITY	AR 635-200, chapter 10	
DISCHARGE REASON	In lieu of trial by court	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DASA	
ISSUES         1.	144.9235	
2.	144.9405	
3.		
4.		
5.		
6.