MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           12 August 1999                   
	DOCKET NUMBER:   AR1999024684

	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. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James M. Alward		Member	
	Ms. Meta Waller		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 under other than honorable  conditions discharge be upgraded to general, under honorable conditions.

APPLICANT STATES:  In effect, that he is trying to improve his life through schooling; and that he would like to help others but his characterization of service is a hindrance to his getting his life in order.

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

On 7 June 1977 the applicant enlisted in the Regular Army for a period of 6 years.  He enlisted for the US Army Training of Choice Option 11C (Indirect Fire Infantryman) and duty station of choice Option Korea.  He successfully completed basic combat training at Fort Jackson, South Carolina and advanced individual training (AIT) at Fort Benning, Georgia.  Upon completion of AIT he was awarded the military occupational specialty 11C, and was assigned to Korea.

On 7 June 1977 the applicant was promoted to private /PV2 and on 7 June 1978 he was promoted to private first class/PFC.

On 2 November 1978 the applicant was assigned to Fort Lewis, Washington.  On 24 July 1979 the applicant departed his unit in an AWOL status and remained so until 3 August 1979.  The applicant surrendered to military authorities.

The specific facts concerning the applicant’s separation from the Army are not in the record, however; his record contains a properly constituted DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) which was authenticated by the applicant.  That DD Form 214 shows that he was discharged under the provisions of Chapter 10, AR 635-200 for the good of the service in lieu of trial by court-martial.

On 25 January 1980 the applicant was discharged from the Army after completing 2 years, 7 months and 8 days of active military service and accruing 11 days of lost time.

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.

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 evidence of record shows the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu of trial
by court-martial.  In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  Procedurally, the applicant was required to consult with defense counsel, and to voluntarily, and in writing, request separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated offenses under the UCMJ.  Additionally, the applicant would have been 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.  In the absence of information to the contrary, the Board presumed administrative regularity in the separation process.  Additionally, the Board noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant would have been made aware of that prior to requesting discharge.

3.  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.

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

__RVOC_  __JMA__  __MW___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024684	
SUFFIX		
RECON		
DATE BOARDED	199908DD	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19800125	
DISCHARGE AUTHORITY	AR 635-200 C10	
DISCHARGE REASON	In lieu of trial by court-martial	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.9221		
2.		
3.		
4.		
5.		
6.