MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           7 November 2000
	DOCKET NUMBER:   AR2000042576

	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. Anita L. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Paula Mokulis		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 undesirable discharge (UD) be upgraded to honorable.

APPLICANT STATES:  In effect, that he was only 18 years old when he enlisted and had been married for 5 days; that he knows his youth and marriage were not good reasons for going absent without leave (AWOL); that when he was apprehended he was told he would be locked-up if he did not voluntarily request a discharge; that he has a bipolar disorder and is in prison in Texas on a murder charge; and, that when he leaves prison he would like to return to Oklahoma and have access to the Department of Veterans Affairs (VA) for treatment of his bipolar disorder, his substance abuse problem, and be able to apply for a home loan.   

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

On 7 May 1976 the applicant enlisted in the Regular Army for a period of 3 years.  He successfully completed basic combat training at Fort Dix, New Jersey, and remained at Fort Dix for advanced individual training (AIT) in military occupational specialty 36K (Tactical Wire Operator Specialist).  He did not complete AIT.

On 30 June 1976 he departed AWOL and remained so absent until 6 August 1976 when he surrendered to military authorities at Fort Dix.

On 9 August 1976 he voluntarily requested discharge under the provisions of chapter 10, Army Regulation (AR) 635-200 for the good of the service in lieu of trial by court-martial.   The applicant indicated that he went AWOL because his wife had a miscarriage.

On 13 August 1976 the applicant was placed on excess leave until his separation from the Army.

The applicant was separated on 3 September 1976 with a Department of Defense (DD) Form 258A (Undesirable Discharge Certificate).  He was credited with 2 months and 21 days of total active military service, and 37 days lost time.

AR 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 discharge under other than honorable conditions is normally considered appropriate. 

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his 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 Board noted the reason for the applicant’s AWOL.  However, the Board determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct that led to his separation. 

3.  Notwithstanding the applicant’s apparent need for VA medical benefits for his bipolar disorder and substance abuse problem, the Board does not normally grant an upgrade of a discharge for the purpose of gaining access to veterans benefits administered by VA statutes.

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__  __MHM__  __PM ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042576	
SUFFIX		
RECON		
DATE BOARDED	20001107	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19760903	
DISCHARGE AUTHORITY	AR 635-200, C10	
DISCHARGE REASON	Conduct triable by court-martial	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1.  	144.9229.0000	
2.  	144.9301.0000	
3.  	144.9323.0000	
4.		
5.		
6.