MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 September 2000                   
	DOCKET NUMBER:   AR2000043591

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 to honorable.

APPLICANT STATES:  The applicant makes no additional statement but provides 19 documents dated 1989 or later showing his accomplishments since his discharge (one birthday greeting from his State Senator; one letter of congratulations on being chosen as Team Player of the Month; one one-year anniversary congratulations letter; one certificate of ordination; five certificates recognizing perfect attendance; three certificates of completion and one diploma; one certificate for outstanding academic accomplishment; one certificate for teaching Vacation Bible School; one certificate of appreciation; one certificate of participation; one certificate of award and one card in recognition of progress made in preparation for Christian Leadership).

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

He was born on 6 July 1951.  He enlisted in the Regular Army on 11 July 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

The applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice on four occasions for failing to clean his rifle; failing to go to his appointed place of duty; failing to go to his appointed place of duty and being disrespectful in deportment towards a noncommissioned officer; and being absent without leave (AWOL).  

On 2 May 1969, the applicant was convicted by a special court-martial of three specifications of AWOL.  He was sentenced to be confined at hard labor for        6 months, to forfeit $36.00 pay for 6 months and to be reduced to Private, E-1.  The confinement was later suspended.

On 21 July 1969, the applicant arrived in Vietnam.  On 23 April 1970, he was convicted by a special court-martial of possession of approximately 1 ounce of marijuana.  He was sentenced to confinement at hard labor for 4 months.  On     5 June 1970, he departed Vietnam.

On 30 November 1970, the applicant was charged with one specification of being AWOL from 9 September until on or about 28 November 1970 and one specification of theft.  

On 9 December 1970, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of chapter 10, Army Regulation 635-200 for the good of the service in lieu of trial by court-martial.  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 submitted no statement in his own behalf.

On 29 December 1970, the appropriate authority approved his request and directed he be issued an Undesirable Discharge Certificate (a discharge UOTHC).

On 31 December 1970, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a discharge UOTHC.  He had completed 1 year, 11 months and     27 days of creditable active service and had 173 days of lost time.

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 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.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  A discharge under other than honorable conditions is normally considered appropriate.  

On 12 January 1982, the Army Discharge Review Board denied the applicant’s request for an upgraded discharge but corrected the narrative reason for his separation.

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 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.

3.  While the Board has taken cognizance of the applicant’s good post-service conduct, this factor doesn’t warrant the relief requested.

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

__hof___  __jpi___  __rks___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043591	
SUFFIX		
RECON		
DATE BOARDED	20000919	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19701231	
DISCHARGE AUTHORITY	AR 635-200, ch 10 	
DISCHARGE REASON	A70.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.