MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  31 August 2000
	DOCKET NUMBER:  AR2000043315

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Joe R. Schroeder		Member	
	Ms. Barbara J. Ellis		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 records be corrected to show he was honorably discharged, for the convenience of the Government, with a reentry code of RE-1 and appropriate separation program designator (SPD). 

APPLICANT STATES: That his record of promotions indicated he was a good soldier and that he had previous honorable discharges.  He provided 112 pages of copied military documents from his personnel file.

COUNSEL CONTENDS: The American Legion submits that the applicant’s over-all service was more deserving of an honorable discharge and that he has suffered the effects of a Bad Conduct Discharge for over ten years.

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

During the period 16 August 1971 to 1 April 1987, the applicant served in the Regular Army, in military occupational specialty 96R (Ground Surveillance Systems Operator).  He attained the rank of sergeant first class, pay grade E-7.

On 2 March 1987, court-martial charges were preferred by his commander for  (1) wrongfully failing to provide his dependents with the required minimum financial support; (2) with intent to deceive, sign an official record, which was false on 4 February 1986; (3) with intent to deceive, sign an official record, which was false on 7 January 1987; (4) with intent to deceive, sign an official record, which was false on 4 November 1986; (5) between 15 February 1985 and         31 December 1986, steal U. S. currency as payment for cost of Living Allowance and Overseas Housing Allowance; (6) make a claim against the finance officer for travel of his dependents, a claim he knew to be false; (7) falsely pretend that a woman, not his wife, was his wife to obtain various government medical services; (8) wrongfully cohabit with a woman, not his wife; and, (9) with intent to defraud, falsely pretend that another woman, not his wife, was his wife to wrongfully obtain government quarters.  He was advised of his rights.

On 5 March 1987, through his legal counsel, he elected to apply for a discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service and to avoid trial by court-martial.  He indicated he understood he would be reduced to the lowest enlisted grade and that he would receive a discharge under other than honorable conditions (UOTHC).  In a separate statement, the applicant admitted guilt of all the charges.  His chain of command recommended approval with a discharge UOTHC.

On 16 March 1987, the appropriate separation authority approved his separation with a UOTHC discharge and directed his reduction to pay grade E-1.

On 18 March 1987, the applicant indicated he did not desire a separation medical examination.

On 1 April 1987, the applicant was discharged, with a UOTHC discharge, under the above-cited regulation.  His separation document indicates that he had         15 years, 7 months and 16 days of creditable service.  His RE code was RE-3/3C with a separation code of JFS (For the good of the service).   

On 9 June 2000, the Army Discharge Review Board found his discharge to be proper and equitable and denied his request for an upgrade.

Army Regulation 635-200, then in effect, set forth the basic authority for the separation of enlisted personnel.  Chapter 10, of that regulation, provided, in pertinent part, that a member who had committed an offense or offenses for which the authorized punishment included a punitive discharge could at any time after the charges had been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  At the time of the applicant’s separation, the regulation provided for an UOTHC discharge with the issuance of an Undesirable Discharge Certificate.

Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 3-7 provides that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be inappropriate.

Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waiverable.  Certain persons who were separated prior to the scheduled expiration of their term of service.  RE-3C applies to persons who do not meet their entry grade and service criteria.  This code is also waiverable.

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 chose to request an administrative discharge rather than risk the consequences of a court-martial.  Although he may now feel that he made the wrong choice, he should not be allowed to change his mind at this late date.

2.  The applicant’s voluntary request for separation under 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 applicant’s request for a chapter 10 discharge, even after appropriate and proper consultation with a military lawyer, tends to show he wished to avoid the court-martial and the punitive discharge that he might have received.

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

5.  The reentry codes applied to this applicant’s separation are correct; there is no error or injustice.  They need not be changed.

6.  The Separation Program Designator was appropriately applied and there is no error or injustice.

7.  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

___sc___  ___js__  ___be_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000043315	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000831	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.110	UP – RE1 – ch of rsn	
2.		
3.		
4.		
5.		
6.