MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 16 October 2003
                  DOCKET NUMBER: AR2003085453

         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. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Hubert O. Fry, Jr.		Member
Ms. Mae M. Bullock		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: In essence, that his undesirable discharge (UD) be upgraded to an honorable discharge.

APPLICANT STATES: In a request for military records, in essence, that his separation documents were lost over the years and he wishes to have his discharge upgraded to show that his service was honorable.

EVIDENCE OF RECORD: The applicant's military records show:
That prior to the period of enlistment under review, he served honorably in the Regular Army (RA) from 24 August 1967-24 April 1968. He was separated for the purpose of immediate reenlistment and issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
On 25 April 1968, while assigned to Germany, he reenlisted in the RA for 3 years, his previous military occupational specialty (MOS) of 13A (Field Artillery Basic), and in pay grade E-3. He served in Germany until he was reassigned to Fort Lewis, Washington, on 2 August 1968.
On 4 December 1968, nonjudicial punishment (NJP) was imposed against the applicant under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for disobeying a lawful order given by a noncommissioned officer on 27 November and 30 November 1668. His punishment included 7 days of extra duty and restriction.
On 27 January 1969, NJP was imposed against the applicant for operating a military vehicle in an unsafe and reckless manner: by driving the vehicle 25 miles per hour over the speed limit; by making an improper left turn and right turn; by disobeying a stop sign; and by improperly passing another vehicle on 9 January 1967. His punishment included the forfeiture of $20 pay per month for 1 month, and 7 days of extra duty.
On 28 February 1969, NJP was imposed against the applicant for willfully disobeying a lawful order given by a commissioned officer on 27 February 1969. His punishment included forfeiture of $25 pay per month for 1 month and 8 days of extra duty and restriction.
On 6 March 1969, the applicant left Fort Lewis in a casual leave status en route to Vietnam. He failed to report to the Overseas Replacement Station and he was placed in an absent without leave (AWOL) status from 5-26 April 1969 until he returned to military control at the Special Processing Detachment (SPD), Fort Bliss, Texas. On 5 May 1969, NJP was imposed against him for this period of AWOL. His punishment included the forfeiture of $25 pay per month for 1 month, reduction from pay grade E-2 to pay grade E-1, and 7 days of extra duty.


On 5 May 1969, the applicant left Fort Bliss in an AWOL status and he remained AWOL until apprehended by civil authorities in Pecos, Texas, on 3 December 1969. He remained in civil confinement in the Pecos City Jail until he was returned to military control at the SPD, Fort Bliss on 5 December 1969.

On 12 December 1969, a medical examination determined the applicant was qualified for separation.

On an unknown date, the applicant requested separation under the provisions of chapter 10, Army Regulation 635-200, for the good of the service. The applicant's request is no longer contained in the available record.

On 23 January 1970, the applicant's commander at the Fort Bliss SPD recommended approval of the applicant’s request for discharge under the provisions of chapter 10, Army Regulation 635-200, for the good of the service with a UD. The commander stated that he did not believe the applicant could be of service to the United States Army due to his previous record and his present attitude. He also stated the applicant had received four NJP's; that he had approximately 7 months of lost time, and; that he was pending a court-martial for being AWOL. On 20 February 1970, the separation authority approved the recommendation and directed that the applicant be separated with a UD.

The applicant's records do not contain all of the facts and circumstances surrounding the discharge process. However, his records do contain a properly constituted DD Form 214 that was prepared at the time of his separation. The DD Form 214 shows that, on 9 March 1970, he was separated under the provisions of chapter 10, Army Regulation 635-200, for the good of the service with a UD. He had completed a total of 1 year, 2 months, and 8 days of active military service and he had 236 days of lost time due to being AWOL and in confinement. He had also completed 8 months and 1 day on a prior period of active military service.

On 11 September 1977, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.

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 a UD.

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 this requirement.

2. The available records show that the applicant was discharged under the provisions of chapter 10, Army Regulation 635-200, for the good of the service. Although, some of the facts and circumstances surrounding the discharge process are missing, he would have been charged with the commission of an offense punishable under the UCMJ with a punitive discharge. He would have consulted with defense counsel and signed a statement indicating that he had been informed that he could receive a UD and the ramifications of receiving such a discharge. He would have voluntarily requested discharge to avoid trial by court-martial. In doing so, he would have admitted guilt to the stipulated offense(s) under the UCMJ. The Board presumes administrative regularity and the applicant has provided no information that would indicate the contrary.

3. The available record indicates the applicant's conduct was inconsistent with the Army’s standards for acceptable personal conduct and his overall quality of service does not warrant an upgrade of his discharge.

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

__aao___ __hof___ __mmb___ DENY APPLICATION

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

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INDEX

CASE ID	AR2003085453
SUFFIX
RECON
DATE BOARDED	20031016
TYPE OF DISCHARGE	(UD)
DATE OF DISCHARGE	19700309
DISCHARGE AUTHORITY	AR635-200, Chap 10
DISCHARGE REASON	A70.00
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	144.7000
2.
3.
4.
5.
6.