MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 September 2000
	DOCKET NUMBER:   AR2000045776

	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. Robert J. McGowan		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:  In effect, that his under other than honorable conditions (UOTHC) discharge be upgraded.

APPLICANT STATES:  That his separation was signed under duress; that he was incapable of handling the situation on his own 15 years ago.  He provides nothing in support of his application.

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

He had enlisted service 17 August 1976 to 16 August 1979.  After receiving a Master of Science degree in business management in 1981, he was appointed as a second lieutenant, Medical Services Corps, upon completion of a Reserve Officers' Training Corps program.

The applicant was initially assigned to Fort Bragg, North Carolina from May 1981 through November 1983.  In December 1983, he was reassigned to Korea, reporting there on/about 23 January 1984.

In Korea, the applicant experienced numerous disciplinary problems and was sanctioned by nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice.  On 8 November 1984, he received NJP from a lieutenant general for preparing and submitting a false recommendation for award of the Army Commendation Medal in his own behalf.  As punishment, he was made to forfeit $200.00 per month for 2 months.

On 30 April 1985, the applicant was once again given NJP by a lieutenant general for conduct unbecoming an officer by escorting a female guest onto a military reservation and permitting her to smoke marijuana in his presence.  As punishment, he received a written letter of reprimand which was placed in his personnel file.

On 15 May 1985, court-martial charges were preferred against the applicant for unlawfully striking an enlisted female in the face with his closed fist.  He requested resignation for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-120, chapter 5.  His request was forwarded to Headquarters, Department of the Army (HQDA) and approved.

The applicant was transferred to Oakland Army Base, Oakland, California and separated on 2 October 1985 with a UOTHC discharge.  He had 4 years, 4 months, and 23 days of creditable service as a commissioned officer, and 7 years, 4 months, and 27 days of total service.

The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade.  The ADRB, after considering his case on 12 July 2000, denied his request.
Army Regulation 635-120, Officer Resignations and Discharges, prescribes procedures whereby an officer on active duty may tender his or her resignation or be discharged.  Chapter 5 states that an officer may submit a resignation for the good of the service when court-martial charges are preferred against him.  Such a resignation, when approved by HQDA, is normally accepted as being UOTHC.

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 was a substandard officer with two records of NJP for misconduct in his file.  When court-martial charges were preferred against him for assaulting an enlisted female, he requested resignation for the good of the service.

3.  The applicant’s discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant's overall record of military service.

4.  There is no indication that the officer requested resignation under duress.

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

__hof___  __jpi_____  __rks ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045776	
SUFFIX		
RECON		
DATE BOARDED	20000919	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19851002	
DISCHARGE AUTHORITY	AR 635-102 C5	
DISCHARGE REASON	A60.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.