MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            26 May 1999
	DOCKET NUMBER:   AR1999023350

	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. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Barbara J. Ellis		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 be upgraded to honorable and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 7 December 1981, to show he entered the Army on 13 February 1979 instead of 14 February 1980.

APPLICANT STATES:  That his date entered active duty on his DD Form 214 is incorrect.  He also states that to the best of his knowledge a mistake has been made.  He further states that in order to receive medical attention from the VA Hospital his date entered active duty must be correct.  He goes on to state that he has had lung surgery in 1995 and has had several surgeries since that date.  He concludes by stating that he has no insurance to cover his medical bills and needs assistance from the VA.  

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

The applicant initially enlisted in the USAR on 1 February 1980 under the Delayed Entry Program (DEP) for a period of 6 years.  He entered active
duty on 14 February 1980 for a period of 3 years as a tank driver.  

Beginning in December 1980, the applicant began receiving several nonjudical punishments (NJP) for instances of being absent from his appointed place of duty, failure to go to his prescribed place duty and AWOL (11 days). 

Charges were preferred against the applicant on 4 September 1981 for being AWOL from 30 June 1981 to 4 August 1981 (62 days).

The applicant underwent a separation medical examination on 8 September 1981 and was found qualified for separation.

The applicant underwent a mental evaluation on 9 September 1981, which determined that he could distinguish right from wrong and that he possessed sufficient mental capacity to participate in administrative or judicial proceedings.

On 10 September 1981, 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 Veterans Administration (VA) if a discharge under other than honorable conditions were issued.  The applicant elected to submit a statement in his own behalf in which he stated that he could survive better in civilian life with less problems all the way around.  He also stated that he went AWOL due to financial and personal problems.  

On 24 September 1981, the separation authority approved the applicant’s request for discharge and directed that he be furnished an Other Than Honorable Discharge Certificate.  The applicant was discharged on 7 December 1981.  He had a total of 1 year, 7 months and 10 days of creditable service and had 
73 days of lost time due to AWOL.

The applicant’s DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) shows that he entered active duty on 14 February 1980, which coincides with his DD Form 214.

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 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, it is concluded:

1.  Evidence of record clearly shows that the applicant entered active duty on 14 February 1980 instead of 13 February 1979.  Therefore, there is no basis to correct his DD Form 214 date entered active duty.

2.  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.

3.  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.

4.  The type of discharge directed and the reasons therefor were appropriate
considering all of the facts of the case.

5.  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.

6.  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

MDM____  AAO____  BJE_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023350	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990526	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19821207	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 100		
2. 191		
3.		
4.		
5.		
6.