MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 January 2000                   
	DOCKET NUMBER:   AR1999024434

	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.

	Mrs. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		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.

APPLICANT STATES:  In effect, he was having family problems at the time and he could not handle the stress.

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

He was born on 27 August 1950.  He completed 8 years of formal education.
On 24 April 1968, the applicant enlisted in the Regular Army for 3 years.  He was
honorably discharged on 29 October 1970 and immediately reenlisted on 30 October 1970 for 6 years.  The highest grade he achieved was pay grade E-4.

On 7 February 1970, the applicant accepted nonjudicial punishment (NJP), under Article 15, Uniform Code of Military Justice (UCMJ), for failing to obey a lawful order.  His imposed punishment was 3 days extra duty and a reduction to pay grade E-3 (suspended for six days).

On 8 February 1971, the applicant accepted NJP for driving a privately owned vehicle without a post registration and for failing to comply with the signal of the Military Police to stop.  His imposed punishment was a forfeiture of $40.00 pay.

On 10 March 1971, the applicant accepted NJP for leaving the scene of an accident in which he was involved.  His imposed punishment was a forfeiture of $60.00 pay, 7 days restriction and 7 days extra duty.

On 30 January 1973, the applicant accepted NJP for stealing car seats from a Volks Wagon.  His imposed punishment was a reduction to pay grade E-3 (suspended for 90 days), a forfeiture of $70.00 pay per month for 1 month (suspended for 90 days) and 14 days extra duty.

On 31 October 1975, court-martial charges were preferred against the applicant for being absent without leave from 15 August 1975 until surrendering to military authorities on 5 October 1975.

On 4 November 1975, the applicant consulted with legal counsel and 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 statement in his behalf, but he declined to do so.

A mental and a physical evaluation found the applicant fit for retention.

On 17 November 1975, the appropriate authority approved the applicant’s request for discharge and directed the issuance of an Undesirable Discharge Certificate.  On 20 November 1975, 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 completed 7 years, 5 months and 7 days of creditable active service during this enlistment and he had 51 days of lost time.

Army Regulation 635-200 sets forth the basic authority of the separation of enlisted personnel.  Chapter 10 of that regulation provided, 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 trail by court.  A discharge UOTHC 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.  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 provision 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.  The type of discharge 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

__rvo___  __clg___  __jpi___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999024434	
SUFFIX		
RECON		
DATE BOARDED	20000119	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19751120	
DISCHARGE AUTHORITY	AR635-200, Chap 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.		
3.		
4.		
5.		
6.