MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 December 1999                   
	DOCKET NUMBER:   AR1999028714

	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. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Mark D. Manning		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 be upgraded.

APPLICANT STATES: In effect, that his problems started while he was stationed at Fort Ord.  His wife grew tired of off base housing and wanted to go home.  He was able to get the time off to take her home.  Problems occurred after returning home and he stayed longer than allowed.  He was picked up by the authorities and returned to Fort Ord.  While he was incarcerated he was told that the only way that he could get out of the mess that he was in, was to accept a discharge.
He was told what to say and what to write in order to get out.  He further states that he feels he was intimidated into believing that an undesirable discharge
was in his best interest and in the best interest of the military.

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

On 17 January 1972, the applicant enlisted in the Regular Army at 20 years of age, for a term of 3 years.

On 6 October 1972, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice (NJP) for being absent without leave (AWOL) from 16 August to 2 Oct 1972.  His imposed punishment was a forfeiture of $100.00 pay per month for 2 months.

On 21 August 1973, court martial charges were preferred against the applicant for being AWOL from 16 May to 15 August 1973.

On 28 August 1973, 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 submitted a statement in his behalf.  The applicant stated in effect, that he hated the army, he understood what an undesirable discharge was and if he was returned to duty he would definitely go AWOL again.

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

On 22 November 1973, the appropriate authority approved the applicant’s request for discharge and directed the issuance of a discharge UOTHC.  On 
30 November 1973, 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 1 year, 5 months and 27 days creditable active service and 137 days of lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of the 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 trail by court-martial.  A discharge UOTHC is normally considered appropriate.

On 6 March 1979, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his 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 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

__tnk___  __eb____  __mdm___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999028714	
SUFFIX		
RECON		
DATE BOARDED	19991215	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19731130	
DISCHARGE AUTHORITY	AR635-200, Chap 10 .  .  .  .  .  	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.		
3.		
4.		
5.		
6.