MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 September 1999                   
	DOCKET NUMBER:   AR1999026836

	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:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Melvin H. Meyer		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 (UOTHC) be upgraded.

APPLICANT STATES: In effect, that there is no error, he would just like his discharge upgraded.

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

The applicant reenlisted in the Regular Army for 4 years on 23 November 1973, with 4 years, 7 months and 22 days of creditable prior service.  His military occupational specialty was 61C20 (Marine Engineer).  The highest grade he achieved was pay grade E-5. 

Between January 1973 and March 1975, the applicant accepted six nonjudicial punishments under Article 15, Uniform Code of Military Justice, for five occasions of being absent without leave (AWOL) from 2 to 4 July 1973, from 17 May to
3 June 1974, from 1 to 8 August 1974, from 1 to 12 March 1975 and from 
16 to 28 December 1975 and for using an official US government telephone to receive unofficial long-distance toll calls at government expense.  His punishments included forfeitures, restrictions, extra duty and a reduction to pay grade E-1. 

On1 December 1976, court-martial charges were preferred against the applicant of being AWOL from 30 April to 30 November 1976.

On the same day, 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 he declined to do so. 

On 5 December 1976, a physical evaluation found the applicant fit for retention.

On 3 January 1977, the appropriate authority approved the applicant’s request for discharge and directed the issuance of a discharge UOTHC.  On 13 January 1977, 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 2 years, 4 months and 28 days of creditable active service during this period of service.  He was awarded the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and Vietnam Cross of Gallantry.  
 
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, 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.  The type of discharge directed 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

__emw___  __mhm___  __bje___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR	
SUFFIX		
RECON		
DATE BOARDED	19990923	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19770113	
DISCHARGE AUTHORITY	AR 635-200, Ch 10	
DISCHARGE REASON	A71.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.7100	
2.		
3.		
4.		
5.		
6.