MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            18 January 2001
	DOCKET NUMBER:    AR2000040803

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Melvin H. Meyer		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 Under Other Than Honorable discharge be upgraded to fully honorable, that the reason and authority for his discharge be changed to convenience of the Government, and that his Reentry (RE) code be changed to RE-1.

APPLICANT STATES:  That his record of promotions demonstrate that he was a generally good soldier.  In addition, he had a prior honorable discharge and has been a good citizen since his discharge.

In support of his application he submits documents showing that he graduated from the Philadelphia Police Academy in 1991, and showing that he worked as a district aid to a Representative in the Pennsylvania House of Representatives.

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

He enlisted in the Army National Guard (ARNG) on 15 August 1981 and was discharged from the ARNG with a characterization of service of Under Other Than Honorable Conditions on 20 April 1983 by reason of Misconduct.  He was transferred to the USAR Control Group in conjunction with his discharge from the ARNG.

He enlisted in the Regular Army on 1 May 1985.  On 28 February 1986 the applicant, then in pay grade E-3, departed AWOL and remained AWOL through 30 March 1986.  Court-martial charges were then preferred against the applicant.  The applicant then submitted a request for discharge in lieu of trial by court-martial.  In that request he admitted that he had committed an offense which had a maximum allowable punishment which included a Bad Conduct Discharge.

His request was accepted and he was discharged Under Other Than Honorable Conditions on 30 June 1986.  The DD Form 214, Certificate of Release or Discharge From Active Duty, shows that he was assigned an RE-3, RE-3B, and RE-3C codes.

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.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.  RE-3B indicates that a person had lost time during his last enlistment.  RE-3C applies to persons who have completed more than 4 months service who do not meet the basic eligibility pay grade requirements of chapter 2, Army Regulation 601-280, or who have been denied reenlistment under the Qualitative Retention Process according to chapter 10, Army Regulation 601-280.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant has not challenged the propriety of his discharge, and the Board does not find any errors in the processing of his separation which would have materially prejudiced his material rights.  The applicant committed a serious act of misconduct and elected to request discharge rather than face the possibility of serving time in confinement for his offense.  Based on the nature of his offense, an Under Other Than Honorable Discharge was appropriate.

2.  As for equity, the applicant’s contention that his record of promotions and prior honorable discharge demonstrate that he was a generally good soldier is not accepted by the Board.  The applicant was separated from the ARNG for Misconduct with a tentative characterization of service of Under Other Than Honorable Conditions prior to his enlistment in the Regular Army, and only achieved pay grade E-3 while in the Regular Army.  As for his good citizenship since his discharge, the fact that he graduated from the Philadelphia Police Academy and worked as a district aid to a Representative in the Pennsylvania House of Representatives is commendable, but isn’t sufficient to warrant upgrading his discharge, changing the reason and authority for his discharge, or changing his RE codes.

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

___jns___  ___jtm___  ___mhm   DENY APPLICATION

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

INDEX

CASE ID	AR2000040803	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010118	
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.	100.03	
2.	A71.00	
3.	A92.19	
4.	A92.21	
5.		
6.