MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 July 2000                   
	DOCKET NUMBER:   AR2000039173

	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	
	Mrs. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Ms. Margaret V. Thompson		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 to a general discharge.

APPLICANT STATES:  In effect, that he was told that his discharge would be upgraded.  

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records.

On 26 June 1968, the applicant enlisted in the Regular Army for 3 years, with
1 year, 9 months and 24 days of prior service.  The applicant successfully completed the required training and was awarded military occupational specialty 63C10 (General Vehicle Repairman).  The highest grade he achieved was pay grade E-4.

Between December 1968 and March 1969, the applicant accepted six nonjudicial punishments under Article 15, Uniform Code of Military Justice, for five occasions of disobeying a lawful order, for dereliction of duty and for failure to repair.  His punishment included a reduction to pay grade E-1, forfeitures, restrictions and extra duty.

On 8 March 1969, the applicant was convicted by a special court-martial of one specification of disobeying a lawful order.  He was sentenced to a forfeiture of $50.00 pay per month for 2 months.    

On 7 December 1970, court-martial charges were preferred against the applicant for being absent without leave from 10 April to 22 November 1970.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Report of Transfer or Discharge, DD Form 214, indicates that the applicant was discharged on 28 December 1970, under Army Regulation 635-200, chapter 10, (for the good of the service), and was issued an Undesirable Discharge Certificate.  He had completed 1 year, 10 months and 11 days of creditable active service during this enlistment and 227 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 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.  
The U.S. Army does not have, nor has it ever had a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant requests a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reasons for discharge or both were improper or inequitable.  The Defense Discharge Review Standards specifically states that no factors should be established which would require automatic change or denial of a change in 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 this requirement.

2.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with his overall record.

3.  The Board has noted the contention of the applicant in regard to an automatic upgrade of his discharge.  However, they are not supported either by the evidence submitted with the application or the evidence of record.  An upgrade is not automatic and the merits of his case do not warrant an upgrade. 

4.  Therefore, the type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

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

__gdp___  __eb____  __mvt___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039173	
SUFFIX		
RECON		
DATE BOARDED	20000718	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	198701228	
DISCHARGE AUTHORITY	AR635-200,chapter,10 .  .  .  .  .  	
DISCHARGE REASON	A71.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.7100	
2.		
3.		
4.		
5.		
6.