MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 December 1998                   
	DOCKET NUMBER:   AC98-11507

	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. Judy L. Blanchard		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. Thomas B. Redfern, III		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 discharge under than honorable condition (UOTHC) be upgraded to an honorable discharge.

APPLICANT STATES: In effect, that he was treated unfairly by military personnel and his colleagues.

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

He was born on 29 April 1960.  He completed 12 years of formal education.  On
8 June 1979, the applicant enlisted in the Regular Army for 4 years.  On 19 June 1979, while in basic training the applicant was hospitalized for a heat injury and was given 10 days of restricted duty.  However, he completed the required training and was awarded military occupational specialty 63B10 (Power Generator and Wheel Vehicle Mechanic).  

On 21 October 1979, while enroute to Korea the applicant went absent without leave (AWOL).  On 24 November 1980, he surrendered to military authorities.  

On 26 November 1980, court-martial charges were preferred against the applicant for being AWOL from 21 October 1979 to 23 November 1980.

On 27 November 1980, after consulting with legal counsel the applicant voluntarily requested a 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 was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits.  The applicant submitted a statement in his behalf.  He stated in effect, that while he was in basic training a Drill Sergeant bit his thumb while he was saluting an officer; that he had a heat stroke while working in the mess hall; that while on limited duty he was required to work in the sun and that those incidents caused him to go AWOL. 

On 23 February 1981, a mental status evaluation found the applicant qualified for separation. 

On 3 April 1981, the Commanding General approved the applicant’s request for discharge and directed the issuance of a discharge UOTHC.  On 10 April 1981, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of service with a discharge UOTHC.  He had completed 9 months of creditable active service and 400 days of lost time.  (The reason for the delay of his discharge is missing from his file). 

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 submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, 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, and advisory opinion(s), 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 the aforementioned requirement.

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.  Therefore, the type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

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

JH____  FNE_____  TBR_____  DENY APPLICATION

						Loren G. Harrell
						Director 
INDEX

CASE ID	AC98-11507	
SUFFIX		
RECON		
DATE BOARDED	19981209	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19810410	
DISCHARGE AUTHORITY	AR .635-200 chapter 10  .  .  .  .  	
DISCHARGE REASON	A71.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.