MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:           26 October 2000
	DOCKET NUMBER:  AR2000041858

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. William D. Powers		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 the former service member’s (FSM’s) under other than honorable conditions (UOTHC) discharge be upgraded to an uncharacterized discharge. 

APPLICANT STATES:  In effect, that he is the father of the deceased FSM.  He feels that the UOTHC is unjustified due to the short period in which he served.  He submits a written statement, a certificate of death from the city of Dallas, Texas, Vital Statistics Division, and a DA Form 1300 (Casualty Report), dated 28 February 2000 in support of his request.  The applicant’s written statement indicates that the FSM did not adapt well to military life and as a result of this he received a UOTHC discharge.  Shortly after he was discharged, a drunk driver killed him.  Additionally, the FSM’s father requests that his family receives any Serviceman’s Group Life Insurance (SGLI) benefits to which they may be entitled.

EVIDENCE OF RECORD:  The FSM’s military record show:

That on 6 April 1999, he enlisted in the Regular Army for a period of 3 years.
On 13 April 1999, while assigned to Fort Jackson, South Carolina, he departed his unit in an absent without leave (AWOL) status and he remained AWOL until he was apprehended by civilian authorities and returned to military control at Fort Sill, Oklahoma on 1 July 1999.

On 7 July 1999, court-martial charges were preferred against him for the above period of AWOL.  On 15 July 1999, the FSM consulted with legal counsel and requested discharge, under the provisions of chapter 10, Army Regulation 
635-200, for the good of the service, in lieu of trial by court-martial.  He was advised that the offense for which he was charged could lead to a UOTHC discharge.  He authenticated a statement in which he acknowledged that he understood the ramifications of receiving a UOTHC discharge.  He did not submit a statement in his own behalf.

On 2 November 1999, the FSM’s unit commander recommended that his request be approved with a UOTHC discharge.  On 10 November 1999, competent authority approved the FSM’s request.

On 29 November 1999, he was separated with a UOTHC discharge, under the provisions of chapter 10, Army Regulation 635-200 by reason of an administrative discharge in lieu of trial by court-martial.  He had completed
5 months, and 5 days of active military service and he had 79 days lost time due to being AWOL. 

The certificate of death dated 27 December 1999, from the city of Dallas, Texas, Vital Statistics Division shows that the FSM was killed on 25 December 1999, as a result of blunt force injuries. 

On 9 May 2000, the Army Discharge Review Board denied the applicant’s request for an upgrade of the FSM’s discharge. 

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 UOTHC discharge is normally considered appropriate.

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.  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 FSM’s record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  This Board empathizes with the applicant in the loss of his son.  Even though the FSM served in the military for only a very short time, the FSM’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 then in effect.  There is no indication that the request was made under coercion or duress.

3.  Therefore, the type of discharge directed and the reason for discharge was appropriate considering the facts of the case.

4.  Entitlement to SGLI benefits is not a matter under the purview of this Board, but rests with the Office of Serviceman’s Group Life Insurance, 
213 Washington Street, Newark, New Jersey 07102. 

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 in the case of he FSM.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mmd__  __aao___  __wdp___  DENY APPLICATION

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

INDEX

CASE ID	AR2000041858	
SUFFIX		
RECON		
DATE BOARDED	20001026	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19991129	
DISCHARGE AUTHORITY	AR635-200, CHAPTER 10  	
DISCHARGE REASON	A70.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.		
3.		
4.		
5.		
6.