MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 September 1999                   
	DOCKET NUMBER:   AR1999022317

	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	
	Mrs. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Christopher J. Prosser		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 other than honorable conditions (UOTHC) be upgraded, so that he can be eligible for medical benefits.

APPLICANT STATES:  In effect, that the Army knew that he had problems but he was enlisted anyway.  His problems became worse in the Army as documented by his hospitalization.  After he was discharged, he served time in jails/ prisons.  He further states that while he was in rehabilitation phase of his incarceration, it came to his attention that he maybe eligible for medical benefits.  He is requesting an upgraded of his discharge so that he can receive his anxiety medicine.  He hope to continue to stay out of trouble, stays successfully married and self-supportive.

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

On 11 September 1970, the applicant enlisted in the Regular Army for 3 year.  

On 2 January 1974, the applicant was convicted by a special court-martial of two specifications of being absent without leave (AWOL) from 19 September to 
12 October 1969 and from 23 October 1969 to 15 March 1970.  He was sentenced to a forfeiture of $76.00 pay per month for 4 months and confinement at hard labor for 4 months.  

On 21 September 1970, court-martial charges were preferred against the applicant for being AWOL from 9 to 21 August 1970, from 26 August to
6 September 1970 and from 14 to 19 September 1970.

On 25 September 1970, 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.  He was afforded the opportunity to submit statements in his behalf, but declined to do so. 

On 30 October 1970, the commanding general approved the applicant’s request for discharge and directed the issuance of a discharge UOTHC.  On 
16 November 1970, 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 3 months and 6 days of creditable active service. 

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, 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.  There is no evidence of record to substantiate the applicant's claim that military authorities were aware of his personal problems.  The applicant's personal problems are not sufficiently mitigating to warrant an upgrade of his discharge.

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

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

__ejo___  __inw___  __cjp___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022317	
SUFFIX		
RECON		
DATE BOARDED	19990909	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19701116	
DISCHARGE AUTHORITY	AR635-200,chapter 10 .  .  .  .  .  	
DISCHARGE REASON	A70.00/A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.	144.7100	
3.		
4.		
5.		
6.