MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                           12 September 2000
	DOCKET NUMBER:                   AR2000042104

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Ms. Carol Jo Suiter		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 his undesirable discharge be upgraded to a general discharge.

APPLICANT STATES:  In effect, that during his service he had the opportunity to work for his first sergeant who he felt was very discriminatory towards him.  He further states that on one occasion the first sergeant asked other black officers and him to destroy wall lockers because that company was being released and, on another occasion, he was arrested for disorderly conduct in Leesville, Louisiana, and the first sergeant prepared his release documents in the course of his hearing.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 28 December 1971 as a clerk typist.

Between May 1972 and November 1973, the applicant received four nonjudicial punishments (NJP) and two summary courts-martial for instances of being absent from his appointed place of duty, for failure to go to his appointed place of duty, for disobeying a lawful order from a commissioned officer, for theft of private property and for destruction of government property.  His punishment consisted of a forfeiture of pay, a reduction to the pay grade of E1, restriction, extra duty and confinement at hard labor for 51 days.

The applicant underwent a separation medical examination on 14 November 1973 and was found qualified for separation.

Charges were preferred against the applicant on 28 December 1973 for being AWOL from 20 December to 28 December 1973 (7 days) and from 29 December 1973 to 7 January 1974 (10 days) and for breaking restriction.

On 16 January 1974, he consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial, under the provisions of AR 635-200, chapter 10.  In doing so, he admitted guilt to the offense charged and acknowledged that he might encounter substantial prejudice 
in civilian life and might be ineligible for many or all benefits administered by the Veterans Administration (VA) if a discharge under other than honorable conditions were issued.  He also elected not to submit a statement in his own behalf.

On 29 January 1974, the separation authority approved the applicant’s request for discharge and directed that he be furnished an Undesirable Discharge Certificate.  The applicant was discharged on 31 January 1974.  He had a total
of 2 years, 0 months, and 18 days of creditable service and 17 days of lost time due to AWOL.

The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 20 April 1977.  The ADRB determined that his discharge was proper and equitable and denied his request on 21 March 1979.

Army Regulation 635-200 sets forth the basic authority for 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 discharge under other than honorable conditions is normally considered appropriate.  However, at the time of the applicant’s separation the regulation provided for the issuance of an undesirable
discharge.

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 Board noted the applicant’s contentions; however, there is no evidence in the available records to demonstrate that the applicant was the victim of racial prejudice.

2.  The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and VA benefits.

3.  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.  

4.  The type of discharge directed and the reasons therefor were appropriate considering all of the facts of the case.

5.  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.  

6.  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:

CMF____  FE______  CJS____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000042104	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000912	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19740131	
DISCHARGE AUTHORITY	AR 635-200 c, 10	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.