MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            12 September 2000                  
	DOCKET NUMBER:   AR2000038277

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Ms. Carol Jo Suiter		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 records be corrected by upgrading his discharge.

APPLICANT STATES:  That during his short time in the military he was young and immature, and lost control of his life after going through a divorce; that since leaving the military he has gotten his life back in order, has maintained a job for the last 10 years, and has been drug and alcohol free for the last 15 years.

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

On 29 December 1983, he enlisted in the Regular Army for a period of 4 years.  He was 17 years old at the time of his enlistment.  He successfully completed basic and advanced individual training at Fort Leonard Wood, Missouri, before being assigned to Fort Bragg, North Carolina.  

On 8 February 1985, he accepted nonjudicial punishment (NJP), under the provision of Article 15, Uniform Code of Military Justice (UCMJ) for being absent without leave (AWOL) from 31 January to 5 February 1985.  His punishment was reduction, forfeiture, and correctional custody which was suspended.  

On 13 June 1985, he accepted NJP, under the provisions of Article 15, UCMJ, for the wrongful use of marihuana and cocaine, and for failure to go at the time prescribed to his appointed place of duty.  His punishment was reduction and   30 days of correctional custody. 

On 19 July 1985, the applicant’s commander preferred court-martial charges against him for 2 specification of disobeying a lawful order, and 1 specification for being disrespectful in language towards a noncommissioned officer.  

On 13 August 1985, the applicant requested that he be discharged under Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.

On 10 October 1985, the appropriate separation authority approved the applicant’s request and directed his reduction to pay grade E-1, and issuance of an under other than honorable conditions discharge.

On 24 October 1985, the applicant was discharged with an under other than honorable conditions, under the above cited regulation.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he had 1 year,    9 months and 22 days of creditable service and 6 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.

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 to show there was and error or injustice in this case.  

2.  The applicant’s voluntary request for separation under 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.

3.  The applicant’s contention that he was young and immature at the time is not sufficiently mitigating to warrant relief.  

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

___cmf__  ___fe____  ___cjs___  DENY APPLICATION

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

INDEX

CASE ID	AR2000038277	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000912	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  110.02		
2.		
3.		
4.		
5.		
6.