MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:           9 November 1999                            
	DOCKET NUMBER:   AR1999026887

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Ms. Karen Y. Fletcher		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 the Army gave him an undesirable discharge when they knew that he was stressed-out; that they sent him to Vietnam without training; that he only had a six grade education and that he was given a good bill of health with an undesirable discharge.

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

He completed 7 years of formal education.  On 4 September 1968, the applicant at the age of 23, was inducted into the Army of the United States for 2 years.  
The applicant’s military record indicated that he completed basic training.  However, he did not completed Advanced Individual Training.  He later was awarded military occupational specialty 57A10 (Duty Soldier).  On 12 February 1969, the applicant was assigned to a unit in Vietnam.

In April 1969, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice.  However, the particulars concerning the NJP are missing from his file.  

On an unknown date, court-martial charges were preferred against the applicant for two specifications of being absent without leave from 2 to 7 July 1969 and from 16 to 31 July 1969, for two specifications of assault, for two specifications of being disrespectful, for failure to go to his appointed place of duty at the prescribed time, for disobeying a lawful order, for resisting apprehension, for communicating a threat, for being out of uniform and for disorderly conduct in a public place.   

On 25 August 1969, 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 6 September 1969, the commanding general approved the applicant’s request for discharge and directed the issuance of a discharge UOTHC.  On 
15 September 1969, 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 1 year and 12 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 allegations.

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 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___  __cla___  __kyf___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999026887	
SUFFIX		
RECON		
DATE BOARDED	19991109	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19690915	
DISCHARGE AUTHORITY	AR635-200, chp10 .  .  .  .  .  	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.	144.7100	
3.		
4.		
5.		
6.