MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  30 November 2000
	DOCKET NUMBER:  AR2000046071

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas Lanyi		Member	
	Ms. Celia L. Adolphi		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 discharge under other than honorable conditions be upgraded to a general discharge.

APPLICANT STATES:  That he was a good soldier, had a clean record and was involved in a terrible automobile accident.  After the accident, he just wanted to be discharged from the Army and to go home.  He also states that he was employed for 8 years as a stockman and for 6 years as a land surveyor.  He further states that he is presently attending school to become a truck driver (road master) and has been a positive and productive member of society and has never been in trouble or arrested.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 8 February 1984 as a combat signaler.  

Charges were preferred against the applicant on 27 September 1985 for being 
AWOL from 21 May 1985 to 14 June 1985 (24 days), from 17 June 1985 to
19 June 1985 (2 days), from 20 June 1985 to 24 June 1985 (4 days) and from 10 July 1985 to 24 September 1985 (76 days).

On 27 September 1985, he consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial, under the provisions of AR 635-200, chapter 10.  In doing so, he admitted guilt to the offense charged and acknowledged that he might encounter substantial prejudice in civilian life and might be ineligible for many or all benefits administered by the Veterans Administration (VA) if a discharge under other than honorable conditions were issued.  He also elected not to submit a statement in his own behalf.

On 2 October 1985, nonjudicial punishment (NJP) was imposed against the applicant for wrongful use of a controlled substance.  His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay and 45 days extra duty.

On 8 October 1985, the separation authority approved the applicant’s request for discharge and directed that he be furnished an Under Other Than Honorable Conditions Discharge Certificate.  The applicant was discharged on 21 November 1985.  He had a total of 1 year, 5 months and 28 days of creditable service and 106 days of lost time due to AWOL.

The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 22 June 1988.  The ADRB determined that his discharge was proper and equitable and denied his request on 28 March 
1989.

Army Regulation 635-200 sets forth the basic authority for 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 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 the charges have been preferred and must include the individual’s admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally
considered appropriate.

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 Board noted the applicant contention’s that he was a good soldier and had a clean record.  Contrary to this contention, the applicant’s records contain evidence of indiscipline involving AWOL and wrongful use of a controlled substance.  

2.  The Board also noted the applicant’s contention that he has been a productive member of society since his discharge.  However, the applicant’s post service conduct is not sufficient as a basis to upgrade his discharge, particularly in view of his offenses.  

3.  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.  

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

5.  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.  

6.  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:

JNS____  TL_______  CLA____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000046071	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001130	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19851121	
DISCHARGE AUTHORITY	AR 635-200 c, 10	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.