MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:  19 October 2000
	DOCKET NUMBER:  AR2000039650

	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	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest W. Lutz		Chairperson	
	Ms. Tracy L. Pinson		Member	
	Mr. Christopher J. Prosser		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:  Upgrade of his undesirable discharge.

APPLICANT STATES:  In effect, that his undesirable discharge was unfair because it was based on one incident (single isolated event) in an otherwise fine military service and all he wanted was some time off to see his father before he died.  He feels that he has suffered enough with the undesirable discharge.

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

That he enlisted in the Regular Army on 14 August 1970 for a three year term of service.  After completing training, he was assigned on 25 January 1971 to Company B, 2nd Battalion, 54th Infantry Division, in Germany, in the military occupational specialty of powerman.  On 1 March 1971, he was advanced to the rank and pay grade of Private First Class, E-3.  On 10 May 1971, he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 
52nd Infantry, 1st Armored Division, in Germany.  On 11 July 1971, he was reduced to the rank and pay grade of Private, E-2, by a special court-martial due to misconduct.

On 9 March 1972, the applicant was assigned to the 542nd Maintenance Company at Fort Lewis, Washington.  On 23 March 1972, he was reduced to the rank and pay grade of Private, E-1.  On 28 March 1972, he was discharged under conditions other than honorable by reason of chapter 10 (discharge for the good of the service in lieu of trial by court-martial), Army Regulation 635-200 (Personnel Separations, Enlisted Personnel).  The applicant was discharged with 1 year, 7 months, and 15 days of creditable service.

Army Regulation 635-200, chapter 10 (Discharge for the Good of the Service), provides that, “A soldier who has committed an offense or offenses, the punishment for which, under the UCMJ and the MCM, 1984, includes a bad conduct or dishonorable discharge, may submit a request for discharge in lieu of trial by court-martial.”  A discharge under other than honorable conditions (undesirable discharge), “normally is appropriate for a member who is discharged for the good of the Service,” in lieu of trial by court-martial.  The decision on the part of the soldier to request discharge in lieu of trial by court-martial is purely voluntary.  Chapter 10 provides the soldier the option to request a known level of discharge (undesirable) rather than risk punishment of a bad conduct or dishonorable discharge for violations of the Uniform Code of Military Justice (UCMJ) authorizing such punitive discharges.

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.  An undesirable discharge is normally appropriate for soldiers discharged under chapter 10.  The applicant requested discharge under chapter 10 in lieu of accepting trial by court-martial for an offense for which the UCMJ authorized punishment of a bad conduct or dishonorable discharge.  No injustice or error is found in the applicant’s undesirable discharge.

2.  In addition to the court-martial charge that precipitated the applicant’s 
28 March 1972 undesirable discharge in lieu of trial by court-martial, the record also shows that the applicant was previously reduced in rank by a special court-martial for misconduct on or about 11 July 1971.  Therefore, the applicant’s undesirable discharge was not the result of a single isolated event.

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

__el___  ___tp___  ___cp_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000039650	
SUFFIX		
RECON		
DATE BOARDED	20001019	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19720328	
DISCHARGE AUTHORITY	AR 63-200, Ch 10	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.144	Administrative Discharge	
2.		
3.		
4.		
5.		
6.