MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 August 2000                   
	DOCKET NUMBER:   AR2000042515

	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	
	Mrs. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. Roger Able		Member	
	Mr. Charles Gainor		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 (UOTHC) be upgraded.

APPLICANT STATES:  In effect, that his UOTHC discharge be upgraded to an honorable or to a general discharge.  He further states that if the Board cannot upgrade his discharge, he wants the Board to make his last honorable discharge a complete and unconditional separation effective 28 January 1993.

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

He enlisted in the Regular Army on 15 March 1984, for a period of 3 years.
The applicant completed basic combat training in Fort Knox, Texas and advanced individual training at Fort Lee, Virginia.  He was awarded military occupational specialty (MOS) 76C (Equipment Record/Parts Specialist).  His services were continuous through extensions and reenlistments.  The highest grade he achieved was pay grade E-6.

The applicant’s military record shows that he served in Germany from August
1984 to March 1986.  He also served in Korea from March 1988 to September
1989 and in Kuwait from June 1993 to May 1994.

While stationed in Kuwait court-martial charges were preferred against the applicant for larceny on various dates between 1 October – 30 November
1994, for stealing 23 Sony FX-50 Walkman cassette players, 15 Aiwa cassette players, 5 other personal cassette players and 8 Nintendo video games which were the property of the Army and Air Force Exchange Service (AAFES) in
Kuwait.  Charges were also preferred against the applicant for forgery between 11 October-20 October 1993.

On 28 April 1994, after consulting with legal counsel the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  The applicant also acknowledged that by submitting the request for discharge he was admitting his guilt of the charges that were preferred against him.  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 Veterans Administration benefits.  He was afforded the opportunity to submit statements in his behalf, but declined to do so.

The applicant’s unit commander recommended disapproval.  The intermediate commander recommended approval of an UOTHC.  On 5 May 1994, the appropriate authority approved the applicant’s request for discharge and directed the issuance of an Other Than Honorable Discharge Certificate.  On 17 May 
1994, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of service with a discharge UOTHC.  He completed 1 year, 3 months and 19 days on his current enlistment.

Army Regulation 635-200 sets forth the basic authority of 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.

On 22 November 1996 and 12 April 2000, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade.

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

2.  The applicant’s voluntary request for separation under the provision 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.

3.  The type of discharge and the reasons therefore were appropriate considering all the facts of the case.

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

__jdm___  ___ra___  __cg____  DENY APPLICATION

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

INDEX

CASE ID	AR2000042515	
SUFFIX		
RECON		
DATE BOARDED	20000829	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19940517	
DISCHARGE AUTHORITY	AR635-200, Chapter 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.		
3.		
4.		
5.		
6.