MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           15 June 2000      
	DOCKET NUMBER:   AR2000039977

	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. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. Orville W. Troesch, Jr.		Chairperson	
	Ms. Kathleen A. Newman		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:  That his discharge under other than honorable conditions (UOHC) be upgraded to honorable.

APPLICANT STATES:  In effect, that many things happened to him while he was in the Army which still effect his life; that his barracks were raided and KKK robes were found in wall lockers; that the battalion commander dismissed all charges against KKK members; and, that he would like his discharge upgraded before he dies.

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

On 21 June 1979 he enlisted in the Regular Army for a period of 4 years.  He successfully completed basic combat training and advanced individual training in military occupational specialty 51N (Water Treatment Specialist) at Fort Leonard Wood, Missouri.

The applicant’s record documents that the highest permanent rank he held on active duty was specialist/E-4 and the record contains no documented acts of valor, achievement, or service warranting special recognition.

On 2 November 1979 the applicant departed Fort Leonard Wood, Missouri, in casual status en route to Germany.

On 3 December 1981 the CID published an investigative report indicating that on 11 September 1981 the applicant negotiated a sale of a controlled substance from a covert informant on military property.  The report noted that the applicant was searched incident to apprehension and was found to be in possession of $2,000 and DM 4,000.

On 24 February 1982 the applicant was charged with possession, sale, and transfer of lysergic acid diethylamide (LSD).  

On 23 March 1982 an Article 32b hearing was convened to make an impartial investigation into the facts pertaining to the charges against the applicant.  The applicant was represented by counsel.  The hearing officer determined that there was probable cause to believe that the offenses occurred and that the applicant committed them.

On 16 April 1982 he requested a discharge under the provisions of chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial.  The appropriate authority approved his request for discharge with issuance of an UOHC discharge.  Accordingly, on 13 May 1982 he was discharged and credited with 2 years, 10 months and 23 days of active military service.

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. 

There is no evidence that the applicant applied to the Army Discharge Review Board for an 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.  There is no evidence of record, nor has the applicant submitted evidence to support his contentions, that the KKK was associated with the acts of misconduct which led to the court-martial charges brought against him.

3.  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.

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

__owt___  ___kan___  __mvt___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039977	
SUFFIX		
RECON		
DATE BOARDED	200000615	
TYPE OF DISCHARGE	UOHC	
DATE OF DISCHARGE	19820513	
DISCHARGE AUTHORITY	AR 635-200 C10	
DISCHARGE REASON	144.6770.0000	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.9235.0000	
2.	144.9315.0000	
3.	144.0100.0000	
4.		
5.		
6.