MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            11 January 2001
	DOCKET NUMBER:   AR2000046302

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman, Jr.		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 undesirable discharge be upgraded to a general discharge.

APPLICANT STATES:  That the military was racially prejudiced, that he was discharged without any evidence against him, that he incurred mental problems from his service and that he was stationed in Korea.

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

He was inducted in Memphis, Tennessee on 1 April 1971.  He completed his basic training at Fort Campbell, Kentucky and was transferred to Fort Sill, Oklahoma for his advanced individual training (AIT).  While in AIT nonjudicial punishment was imposed against him on 7 July 1971 for being absent without leave from 6 July to 7 July 1971.  His punishment consisted of an oral reprimand and extra duty.

Although his records provide no explanation, they do indicate that he did not complete his AIT at Fort Sill and was transferred to Fort Jackson, South Carolina to undergo AIT as a light vehicle driver.  He completed his AIT at Fort Jackson, was advanced to the pay grade of E-3 on 5 November 1971 and was transferred to Korea on 3 December 1971.

On 23 February 1972 a suspension of favorable personnel actions (FLAG) was initiated against the applicant.  The FLAG indicates that the applicant was pending trial by a court-martial authorized to impose a bad conduct discharge (BCD).

The facts and circumstances surrounding his administrative discharge are not present in the available records; however, his records do contain a duly constituted report of separation (DD Form 214) signed by the applicant.  It reflects that he was discharged under other than honorable conditions on 12 March 1972, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He had served 10 months, and 12 days of total active service.

There is no indication in the available records to show that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of the 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 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 was then and currently 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.  In the absence of evidence to the contrary, it must be presumed that 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.

2.  Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.

3.  It appears that the applicant voluntarily requested a discharge for the good of the service in hopes of avoiding a punitive discharge and having a felony conviction on his records.  While he may now believe that he made the wrong choice, he should not be allowed to change his mind at this late date.

4.  The applicant’s contentions have been noted by the Board; however, they are not sufficiently mitigating to warrant relief when compared to his otherwise undistinguished record of service, the absence of evidence to support his contentions, and the amount of time he served.

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

___dph__  ___ew___  ___amc _  DENY APPLICATION

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

INDEX

CASE ID	AR2000046302	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/01/11	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1972/03/12	
DISCHARGE AUTHORITY	AR635-200/CH10	
DISCHARGE REASON	GD OF SVC	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  689	144.7000/A70.00	
2.		
3.		
4.		
5.		
6.