MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 January 2000                            
	DOCKET NUMBER:   AR1999028418

	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. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Mr. John Saputo		Member	
	Mr. Allen L. Raub		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 he was young and just wanted to be out of the military.

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

He was born 25 June 1957.  On 27 June 1974, with parental consent, the applicant enlisted in the Regular Army for 3 years.  The applicant successfully completed the required training and was awarded military occupational specialty 05E10 (Voice Radio Operator).  The highest he achieved was pay grade E-2.

DA form 3975 (Military Police Report) dated 21 January 1975, showed that on 9 November 1974, a military police was making a routine Identification check, smelled Marijuana coming from the applicant’s car a search was conducted and during the search a loaded 32 caliber pistol, a box containing 30 rounds of 32 caliber ammunition and a box containing 44 rounds of 38 caliber ammunition was found under the right front seat of the vehicle that he was driving.  The applicant was apprehended, advised of his rights and search.  A knife with a five-inch blade was also found in his right rear trouser pocket.  The applicant was later released to his unit.  An investigation was conduct on the status of the 32 caliber weapon, it was determined that the weapon that he had in his possession was stolen.  

On 5 February 1975, court-martial charges were preferred against the applicant for transporting a concealed weapon, a 32 caliber pistol revolver, while on the confines of a military reservation and for assault with the intent to commit robbery.     

On 12 February 1975, 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 27 March 1975, the applicant was found fit for retention. 

On 30 April 1975, the Commanding General approved the applicant’s request for discharge and directed the issuance of an Undesirable Discharge Certificate.  On 2 May 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 had completed 9 months and 17 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 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 applicant's contention that he was young at the time is not sufficiently mitigating to warrant relief.  The evidence of record shows that the applicant exhibited unacceptable pattern of misconduct.  Therefore, 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

__ew____  __js____  __alr___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028418	
SUFFIX		
RECON		
DATE BOARDED	20000106	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19750502	
DISCHARGE AUTHORITY	AR635-200,chp10 .  .  .  .  .  	
DISCHARGE REASON	A71.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.7100	
2.		
3.		
4.		
5.		
6.