MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            3 March 1999
	DOCKET NUMBER:   AR1999019881

	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.	Joyce A. Wright		Analyst	

	The following members, a quorum, were present.

	Mr.	Raymond V. O’Connor Jr.		Chairperson	
	Mr.	Edward Williamson		Member	
	Mr.	Gary C. Miller		Member	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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:  That his discharge under other than honorable conditions be upgraded to honorable.

APPLICANT STATES:  In effect, that his discharge was too harsh considering the nature of the offense.

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

The applicant entered active duty on 28 December 1978 and served as a  cannon crewman.

The applicant was released from Basic NCO Course/Combat Arms (BNCOC/CA), class 7-83 on 7 June 1983 for administrative reasons.  He was arrested and charged by Criminal Investigation Division (CID) with several offenses, which if convicted, would make it inappropriate for him to complete this academy.

On 13 July 1983, he consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial, under the provisions of AR 635-200, chapter 10.  In doing so he admitted guilt to the offense charged and acknowledged that he might encounter substantial prejudice in civilian life and might be ineligible for many or all benefits administered by the VA if a discharge under other than honorable conditions were issued.  He also elected
not to submit a statement in his own behalf.

On 10 July 1983, the separation authority approved the recommendation for discharge and directed that he be furnished an Other Than Honorable Discharge Certificate.  The applicant was discharged on 29 July 1983.  He had a total of
4 years, 7 months, and 2 days of creditable service.

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

Army Regulation 635-200 sets forth the basic authority for 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 the 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, it is concluded:

1.  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 VA benefits.

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.  

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

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

RVO____  EW_____  GCM____  DENY APPLICATION

						Loren G. Harrell
						Director