MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 31 July 2003
         DOCKET NUMBER: AR2003087490

         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. Deyon D. Battle		Analyst

The following members, a quorum, were present:

Ms. Gail J. Wire		Chairperson
Ms. Karen A. Heinz		Member
Mr. Robert Duecaster		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 an honorable or a general discharge.

APPLICANT STATES: That he went absent without leave (AWOL) for pertinent reasons. He states that when he enlisted in the Army he was already a confirmed alcoholic and that he was involved with a minor female. He states that the female was in jeopardy of being thrown out of her home and when he spoke to his commanding officer (CO) about the situation he was advised to go to Army Emergency Relief or to the American Red Cross, which he decided to do. He states that he was told that, although the mother of the female condoned the relationship, they were not married and she was a minor and that there was nothing that could be done about his situation. He goes on to state that he went AWOL to see what he could do to get her off of the streets and that once she was allowed to return to her home he returned to Fort Dix. He states that he later married the young woman and they had a child; however, they separated due to his alcoholism and violent behavior and that he finally hit rock bottom. He states that he checked himself into a rehabilitation center in May 1995, where he remained for 10 weeks.

The applicant goes on to state that he has now been sober for over 7 years raising two children from his second marriage and that it has always been his wish to be able to tell his father that he has an honorable discharge, even though he is now deceased, since his father served honorably during World War II. He concludes by stating that it took him many years to get his life together; however, he finally did and that with the help from this Board, it will finally be complete. In support of his appeal, he submits six letters from friends and family members attesting to his alcoholism, his life since his discharge from the Army and his post-service conduct; a copy of an extract awarding his father the Silver Star; a copy of a court docket showing that he was convicted of attempted burglary on 31 March 1983 and a copy of a letter from the Plainview Rehabilitation Center showing that he completed 10 weeks of in-patient treatment.

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

On 13 July 1972, he enlisted in the Army at Fort Dix, New Jersey, for 3 years in the pay grade of E-1. He never completed basic combat training.

On 31 August 1972, nonjudicial punishment (NJP) was imposed against him for being AWOL from 28 August until 31 August 1972. His punishment consisted of restriction for 14 days.





On 11 October 1972, he went AWOL and he remained absent until he surrendered to military authorities on 20 January 1973.

The applicant was convicted by a summary court-martial on 8 March 1973, of being AWOL from 10 October 1972 until 20 January 1973. He was sentenced to a forfeiture of pay in the amount of $50.00.

The applicant went AWOL again on 26 January 1973 and he remained absent until he was apprehended by military authorities on 29 January 1973.

On 17 March 1973, he went AWOL and he remained absent until he surrendered to civil authorities and returned to military control on 11 May 1973.

On 29 June 1973, NJP was imposed against the applicant for being AWOL from 7 June until 24 June 1973. His punishment consisted of a reduction in pay grade and a forfeiture of pay.

He had NJP imposed against him again on 21 August 1973 for being AWOL from 13 August until 21 August 1973. His punishment consisted of a forfeiture of pay, restriction and extra duty.

On 5 December 1973, charges were preferred against him for being AWOL from 4 September until 4 December 1973. The applicant was notified that charges were pending against him for being AWOL. He acknowledged receipt of the notification on 10 December 1973. After consulting with counsel, he submitted a request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of trial by court-martial. The applicant submitted a statement in his own behalf indicating that the reason that he went AWOL was because his fiancée was pregnant and that they were experiencing severe financial difficulties. He stated that his fiancée had received eviction notices from the owner of the apartment in which they resided and that he just could not leave her without any means of support. He concluded by stating that he believed that it would be better for him to be discharged from the Army.

The appropriate authorities approved the request for discharge on 21 January 1974. Accordingly, on 11 February 1974, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. He had completed 11 months and 11 days of total active service and he had approximately 230 days of lost time due to AWOL. He was furnished an Undesirable Discharge Certificate.




There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

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.

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's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

2. The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

3. The Board has noted the applicant’s contentions. The Board has also considered his post-service conduct, however, neither of these factors, either individually or in sum, warrant the relief requested. The evidence of record clearly shows that he went AWOL on eight separate occasions for a total of 230 days. He was convicted by a summary court-martial and he had NJP imposed against him as a result of his acts of misconducts. The discharge process was in accordance with applicable law and regulations and the applicant's service is appropriately characterized.

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

__rd ____ __kh____ ___gw___ DENY APPLICATION

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

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INDEX

CASE ID	AR2003087490
SUFFIX
RECON
DATE BOARDED	2003/07/31
TYPE OF DISCHARGE	UD
DATE OF DISCHARGE	1974/02/11
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	689
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 689	144.7000
2. 708	144.7100
3.
4.
5.
6.