MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            9 January 2001
	DOCKET NUMBER:   AR2000047031

	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. Mark D. Manning		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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 honorable.

APPLICANT STATES:  That his request is self explanatory, that he went to the brig for whatever, that he was sent there with his wife and that they were put through such bull and turmoil that his wife tried to commit suicide and lost their unborn child.  Accordingly, that should be enough to warrant an upgrade of his discharge.

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

He enlisted in Houston, Texas on 12 January 1983 for a period of 4 years, training as a Hawk Fire Control crewmember and a $3,000 enlistment bonus.  At the time of his enlistment he indicated that he was married and legally separated in October 1982 in Newton, Texas and that he had been directed to pay $300.00 per month in alimony and child support by the District Court.  He was transferred to Fort Bliss, Texas to undergo his training.

On 13 August 1983 nonjudicial punishment was imposed against him for failure to go to his place of duty and two specifications of breaking restriction.  His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, extra duty and restriction.

On 3 November 1983, charges were preferred against him for being absent without leave (AWOL) from 17 September to 20 September 1973, from 23 September to 18 October 1983, from 25 October to 2 November 1983, for disobeying a lawful order from a commissioned officer, and for striking a female soldier in the facial area with his hand.

On 15 November 1983, after consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of Army Regulation 635-200, in lieu of trial by court-martial.  He indicated in his request that he was making the request of his own free will without having been subjected to coercion whatsoever by any person.  He also stated that he had been advised of the implications attached to such a request and admitted guilt to the charges against him.  He also stated that he did not, under any circumstances desire further rehabilitation or the opportunity to perform further military service.

The applicant’s commander recommended approval of the applicant’s request and stated that the applicant had nonjudicial punishment imposed against him on at least two previous occasions, that he had failed to respond to repeated counseling sessions, that he was a proven negative influence to his fellow soldiers and the esprit and morale of the unit, and that he was obstinate in his failure to meet the disciplinary standards established for him.  The remainder of his chain of command reiterated the company commander’s comments and recommended that the applicant be discharged under other than honorable conditions.

The appropriate authority (a brigadier general) approved the request on 29 November 1983 and directed that he be discharged under other than honorable conditions.  

A review of the applicant’s records during this period indicates that the applicant was divorced at the time and his charge sheet indicates that the female he struck was a witness for the prosecution.

Accordingly, the applicant was discharged under other than honorable conditions on 9 December 1983 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of trial by court-martial.  He had served 11 months and 21 days of total active service and had 38 days of lost time due to AWOL.

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.  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, especially considering the seriousness of the charges against him and his otherwise undistinguished record of service during such a short period of time.

4.  The applicant’s contentions have been noted by the Board; however, they are not supported by the evidence of record and are not sufficiently mitigating to warrant relief when compared to his otherwise undistinguished record of service and the available facts of his case.

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

___ena__  __mdm__  __clg____  DENY APPLICATION

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

INDEX

CASE ID	AR2000047031	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/01/09	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1983/12/09	
DISCHARGE AUTHORITY	AR 635-200/CH10	
DISCHARGE REASON	GD OF SVC	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  689	144.7000/A70.00/GD OF SVC	
2.		
3.		
4.		
5.		
6.