MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:



                  BOARD DATE: 30 SEPTEMBER 2003
                  DOCKET NUMBER: AR2003084965

         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. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. Melvin H. Meyer		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)

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APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general discharge.

APPLICANT STATES: In effect, that he was young, immature, and confused at the time he departed AWOL (absent without leave), which ultimately resulted in his discharge from the Army. He states that he enlisted in the Army after high school and intended to pursue a career like his father, a wounded war veteran who passed away in 1967. He states that while undergoing basic training he learned that his girlfriend was pregnant and asked to take leave after completing training and prior to reporting to his first assignment in Germany. He states his request was denied and he was told to request leave after arriving in Germany. He states his daughter was born on 25 February 1973 and that his girl friend had decided to give the child up for adoption and he “was faced with making the same decision.” He states that he continued to meet with the base chaplain and that when he was granted leave “he “hurried back to the States to see [his] girlfriend and [his] new daughter.” He maintains that at the time he “had no choice but to sign the papers relinquishing [his] parental rights.” He states that he was distraught and overwhelmed by feelings of bitterness, helplessness, and hopelessness. When it was time to return to his unit he “just didn’t go.”

He states that while AWOL his mother and grandmother urged him to return “because it would be the honorable thing to do and out of respect for [his] father’s memory.” He states that ultimately he listened to his mother and grandmother and turned himself in at Fort Leonard Wood, Missouri.

He states he has no excuse for his behavior other than being young, immature and very confused. He notes that he is remorseful for his actions at the time and requests that his discharge be upgraded for “the sake of [his] family, and [his] father’s good name.

In addition to his self-authored statement, he also submits eight letters attesting to the fact that the applicant is a good family man, dependable employee, and faithful church member.

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

He entered active duty on 17 August 1972, 4 months shy of his 19^th birthday. He had 12 years of formal education and enlisted to become a medical corpsman.

The applicant successfully completed basic and advanced individual training and was promoted to pay grade E-2. He received excellent conduct and efficiency ratings while undergoing training.

His record indicates that he departed Fort Sam Houston, Texas on 22 December 1972 after completion of his medical corpsman training, and arrived in Germany on 21 January 1973.

On 29 March 1973, before an Army legal assistance officer in Germany, the applicant signed a document relinquishing the “custody and guardianship of said child to the Kansas Children’s Service League.” In the document the applicant indicated that he was the “natural but not legal father” of the “said child” born on 25 February 1973.

On 18 April 1973 the applicant’s status was changed from “leave” to AWOL. He was dropped from the rolls of the Army in May 1973.

According to information contained in his Official Military Personnel File, the applicant was apprehended by civilian authorities on 29 August 1973 in Neosho, Missouri and returned to military control at Fort Leonard Wood.

When charges were preferred, the applicant consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial. His request acknowledged he understood the nature and consequences of the undesirable discharge, which he might receive. He indicated he understood he could be denied some or all veterans' benefits as a result of his discharge and that he may be deprived of rights and benefits as a veteran under both Federal and State law.

In a statement submitted in support of his request for separation, the applicant made no mention of his personal problems, newborn child, or his having to relinquish his parental rights. He noted instead that he could not adjust to the military, that he had made a mistake in joining the military, and that he did not want any part of the service, he just wanted to get out.

The applicant’s request was approved and on 25 September 1973 the applicant was discharged “under conditions other than honorable” under the provisions of Army Regulation 635-200, Chapter 10. He had 10 months and 2 days of creditable service and 133 days of lost time. He was issued an undesirable discharge certificate.

The statements submitted in support of his petition to this Board are from family members, including his sister, spouse, and mother-in-law, and employers. They all attest to the applicant’s good citizenship and love of his family.

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.

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 applicant has submitted neither probative evidence nor a convincing argument in support of his request. His successful completion of training, promotion to pay grade E-2, and receipt of excellent conduct and efficiency rating, clearly indicates that the applicant was capable of honorable service, in spite of being only 19 years old at the time of his separation.

2. The fact that the applicant has now come to realize the consequence of his less than honorable discharge, and his contention that he has been a good citizen, have been noted. However, neither factor outweighs the seriousness of his conduct while in the military and does not, in this case, provide an adequate basis upon which the Board would grant relief as a matter of equity.

3. The applicant’s discharge was accomplished in accordance with applicable laws and regulations, and at the request of the applicant. 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 that requirement.

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

__RJW__ ___MHM_ ___MVT _ DENY APPLICATION

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

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INDEX

CASE ID	AR2003084965
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030930
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	110.00
2.
3.
4.
5.
6.