MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           31 August 2000     
	DOCKET NUMBER:   AR2000045028

	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. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Joe R. Schroeder		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 (UOHC) be upgraded to honorable.

APPLICANT STATES:  In effect, that he was only 17 years old when he enlisted; that he was young and immature; that he was discharged because of drugs and that he is no longer a drug user; that he has three children and has tried to improve his life since leaving the Army; that although his tenure in the Army was brief, he learned many life lessons; that he believes in God and his country and that he hopes he can be forgiven for his drug problem.

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

On 1 June 1979 he enlisted in the Regular Army (RA) for a period of 3 years.  He successfully completed basic combat training and advanced individual training in military occupational specialty 19E (Armor Crewman) at Fort Knox, Kentucky.  He was assigned to Germany on 7 September 1979 for his first permanent duty station. 

The applicant’s record documents that the highest permanent rank he held on active duty was private/E-2 and the record contains no documented acts of valor, achievement, or service warranting special recognition.

On 16 April 1980 he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for willfully discharging a firearm in the motor pool, failing to go, and using provoking language to a superior noncommissioned officer.  The punishment imposed consisted of a reduction to private/E-1, a forfeiture of $104, 14 days extra duty, and 7 days restriction.

On 1 August 1980 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.  He was charged with the sale, possession, and transfer of 1.02 grams of marijuana.  

The applicant was separated on 15 September 1980 with a Department of Defense (DD) Form 794A (Under Other Than Honorable Conditions) Certificate.  He was credited with 1 year, 3 months and 15 days of total active military service.

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 contentions of the applicant, however, the Board concluded that the discrediting entries in the applicant's record were not outweighed by service of sufficient merit to warrant an upgrade of the discharge. 

3  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.

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

___sac___  ___kyf__  ___jrs___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045028	
SUFFIX		
RECON		
DATE BOARDED	20000831	
TYPE OF DISCHARGE	UOHC	
DATE OF DISCHARGE	19800915	
DISCHARGE AUTHORITY	AR 635-200, C10	
DISCHARGE REASON	144.7100.0000	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1.  	144.9301.0000	
2.  	144.9221.0000	
3.  	144.0100.0000	
4.		
5.		
6.