MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            25 May 2000
	DOCKET NUMBER:   AR2000037780

	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. Carl W. S. Chun		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Mr. Kenneth L. Wright		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 her discharge under other than honorable conditions be upgraded to an honorable or a general discharge.

APPLICANT STATES:  In effect, that she would like to apply for VA benefits.

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

On 22 October 1979, she enlisted in the Army for 3 years in the pay grade of 
E-1.  She successfully completed her training as a motor transport operator and she was transferred to Germany.  She was promoted to the pay grade of E-2 on 22 March 1980 and to the pay grade of E-3 on 10 May 1980.

The available records show that on 20 September 1980, the applicant was investigated for committing aggravated assault and adultery.  However, the results of that investigation are not available for review.

The record also show that she was investigated on 10 October 1980 for larceny of private property and for conspiracy to commit larceny.  The results of this investigation are also not available for review.

Nonjudicial punishment was imposed against the applicant on 5 November 1980 for assaulting her husband by stabbing him with a switch blade.  Her punishment consisted of a reduction in pay grade, a forfeiture of pay and restriction.

On 12 January 1981, NJP was imposed against her for being disrespectful in language towards her superior NCO.  Her punishment consisted of a reduction in pay grade, a forfeiture of pay and restriction.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Certificate of Release or Discharge, DD Form 214, indicates that the applicant was discharged on 13 May 1981, under the provisions of Army Regulation 635-200, for the good of the service in lieu of trial by court-martial.  She had completed 1 year, 6 months and 22 days of total active service.

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

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, 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 records clearly show that she submitted a request for discharge for the good of the service in lieu of trial by court-martial.  In view of her numerous acts of indiscipline, it does not appear that the type of discharge she received was too severe.

3.  While the Board is empathetic, the fact that the applicant may now wishes to apply for VA benefits is not sufficiently mitigating to warrant an upgrade of her discharge.

4.  In the absence of evidence to the contrary, it must be presumed that what the Army did in her case was correct.

5.  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

___ewl __  __klw ___  __eja ___  DENY APPLICATION

						Carl W. S. Chun
				      Director, Army Board for Correction
					         of Military Records

INDEX

CASE ID	AR2000037780	
SUFFIX		
RECON		
DATE BOARDED	2000/05/25	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19810513	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	689	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  715	144.7200/A72.00/larceny	
2.  716	144.7300/A73.00/assault	
3.  725	144.7600/A76.00/disrespect	
4.		
5.		
6.