MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           18 July 2000
	DOCKET NUMBER:   AR2000040697

	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. 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: That her discharge under other than honorable conditions (UOHC) be upgraded to honorable.

APPLICANT STATES:  In effect, that she was young and immature; that she performed well in basic training; that at the doctor’s request she went on leave to speak to her husband’s doctor; that once home her husband refused to let her return to the Army; that she was pregnant at the time and her husband was physically abusive; that he raped her daughters; that she turned herself in because she could no longer stand the abuse; that she was afraid of her husband’s reaction if she were apprehended by military authorities; and, that her husband subsequently committed suicide. 

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

On 18 March 1981 the applicant enlisted in the Regular Army for a period of
3 years.  She reported to Fort Jackson, South Carolina, for basic combat training.  She did not complete basic training.

The applicant’s record documents that the highest permanent rank she held on active duty was private/E-1 and the record contains no documented acts of valor, achievement, or service warranting special recognition.

On 16 April 1981 the applicant departed absent without leave (AWOL) and remained so absent until she surrendered to military authorities on 7 July 1981.  She was returned to duty at Fort Jackson.

On 14 July 1981 the applicant again departed AWOL and remained so absent until she surrendered to military authorities on 28 November 1983.  

On 6 December 1983 she voluntarily requested discharge under the provisions of chapter 10, AR 635-200 for the good of the service in lieu of trial by court-martial. 

On 12 December 1983 the applicant was discharged with an UOHC.  She was credited with 1 month and 10 days of active military service, and 2 years, 
7 months, and 11 days 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 UOHC is normally considered appropriate. 

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of her 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.  The evidence of record shows that the applicant admitted guilt to the stipulated offenses under the UCMJ, she consulted with defense counsel, and she was properly advised of the reason for his discharge and the characterization of service he would receive for his offenses.  She also authenticated a statement indicating that she was advised of the ramifications of a UOHC upon her veterans’ benefits.

3.  There is no evidence of record to support the applicant’s contention and the applicant has provided no independent corroborating evidence to support that she was pregnant; that she was the victim of marital abuse; that her husband raped her daughters or that he committed suicide.

4.  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.

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	AR2000040697	
SUFFIX		
RECON		
DATE BOARDED	20000718	
TYPE OF DISCHARGE	UOHC	
DATE OF DISCHARGE	19831206	
DISCHARGE AUTHORITY	AR 635-200, C10	
DISCHARGE REASON	144.7100.0000	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1.  	144.9301.0000	
2.  	144.9235.0000	
3.  	144.9310.0000	
4.	144.0100.0000	
5.		
6.