MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           3 May 2000
	DOCKET NUMBER:   AR2000037369

	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.

	Ms. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Mr. John H. Kern		Member	
	Mr. Ernest W. Lutz, Jr.		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: That his discharge under other than honorable conditions (UOHC) be upgraded to honorable (HD).

APPLICANT STATES:  In effect, that he wants an upgrade to his discharge in order to have the privilege of being buried with his parents and siblings at Jefferson Barracks Cemetery.

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

On 21 March 1977 he was ordered to involuntary active duty as a private/E-2 for 20 months for failing to satisfactorily participate in required unit training.  He was assigned to Fort Leonard Wood, Missouri, in his military occupational specialty (MOS) 36K (Field Wireman).

On 28 March 1977 he received nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ, for being AWOL (21-23 March 1977).  The punishment imposed was a forfeiture of $25.

On 13 April 1977 he received NJP for being AWOL (10-13 April 1977).  The punishment imposed was a forfeiture of $50, and 6 days restriction and extra duty.

On 3 May 1977 he departed in casual status en route to Germany.

On 25 October 1977 the applicant departed Germany in an AWOL status and remained so absent until 15 March 1978 when he surrendered to military control at Fort Sill, Oklahoma.  At Fort Sill he was charged with the aforementioned AWOL.

On 21 March 1978 he requested a discharge under the provisions of chapter 10, AR 635-200, in lieu of trial by court-martial.  The appropriate authority approved his request for discharge.  Accordingly, on 3 April 1977 he was discharged with an UOHC.  He was credited with 11 months and 5 days of active military service in the period under review and 146 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. 

There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

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 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.

2.  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.

3.  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       JHK        EWL JR.    DENY APPLICATION

KARL F. SCHNEIDER
Director, Army Review Boards Agency

INDEX

CASE ID	AR2000037369	
SUFFIX		
RECON		
DATE BOARDED	20000503	
TYPE OF DISCHARGE	UOHC	
DATE OF DISCHARGE	19770403	
DISCHARGE AUTHORITY	AR 635-200, C10	
DISCHARGE REASON	123.0100.0000	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1.  	144.9237.0000	
2.  	144.9500.0000	
3.  	144.9447.0000	
4.  		
5.		
6.