MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            8 July 1999                  
	DOCKET NUMBER:   AR1998013245

	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. Loren G. Harrell		Director	
	Ms. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Raymond V. O’Connor Jr.		Member	
	Mr. Roger W. Able 		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:  In effect, that his under other than honorable conditions discharge be upgraded to general, under honorable conditions.

APPLICANT STATES:  In effect, that he suffered from psychiatric problems that prevented him from making intelligent decisions; that the Social Security Administration confirmed his psychiatric problems; that he was experiencing family problems and could not get any support from his chain of command; and that if the chain of command had supported him he probably would have completed his military service obligation.  He further states in his letter that he went AWOL because of family problems and that he wants his discharge upgraded in order to obtain veteran’s benefits.

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

On 8 February 1971 the applicant enlisted in the Regular Army for a period of 2 years.  He enlisted for the US Army Training of Choice Enlistment Option 63A.  He successfully completed basic combat training at Fort Lewis, Washington and advanced individual training (AIT) at Fort Gordon, Georgia.  Upon completion of AIT he was awarded the military occupational specialty (MOS) 31M (Mutichannel Transmission Systems Operator), and was assigned to Fort Ord, California.

The applicant has 3 periods (7-20 June 1971, 28-29 June 1971, and 2-30 August 1971) of AWOL totaling 45 days.

The specific facts concerning the applicant’s separation from the Army are not in the record, however, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was discharged under the provisions of Chapter 10, AR 635-200.

On 15 October 1971 the applicant was reduced in rank from private/E2 to private/E1.

On 26 October 1971 the applicant was discharged from the Army after completing 7 months and 4 days of active military service and 45 days of lost time.

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 evidence of record does not support the applicant’s contentions, in effect, that psychiatric problems, lack of support from his chain of command, and family problems contributed to his AWOL, neither did he provide any independent corroborating evidence in support because of his contentions.

2.  The evidence of record shows the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial.  In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  Procedurally, the applicant was required to consult with defense counsel, and to voluntarily, and in writing, request separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated offenses under the UCMJ.  Additionally, the applicant would have been advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and VA benefits.

3.  In the absence of information to the contrary, the Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge.  

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 the aforementioned 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

__jh_____  __rvo___  __rwa___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR19980132345	
SUFFIX		
RECON		
DATE BOARDED	1999/07/08	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1971/10/26	
DISCHARGE AUTHORITY	AR 635-200, Chapter 10	
DISCHARGE REASON	In Lieu of Trial by Court-Martial	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A9323	
2.	A9307	
3.	A7100	
4.	A9411	
5.		
6.