MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  18 January 2001
	DOCKET NUMBER:  AR2000047098

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Melvin H. Meyer		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 (UOTHC) be upgraded to honorable.  

APPLICANT STATES: That he was in a Naval hospital due to an accident during the time he was considered AWOL (Absent without Leave).  He indicates he had a head injury and was wandering the streets.  Further, he had no mental capacity to make the decision for an OTH (other than honorable) discharge.  He indicates he had honorable service up to this point and had earned awards.

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

On 18 February 1988, he enlisted in the Regular Army.  He completed his required training and was awarded military occupational specialty 63J (Quartermaster Equipment Repairer).  He was advanced to specialist, pay grade E-4 effective 18 February 1989.

On 3 October 1991, he was AWOL; however there is no indication of disciplinary action taken.

On 8 October 1991, medical records show he had “CT of the L-S Spine” at a troop medical clinic.

On 10 October 1991, medical records show he was treated for “pain of the L4-L5 and L2”.

During the period 10 October 1991 to 9 January 1992, he was AWOL until he surrendered to military authorities.

On 16 January 1992, he indicated he did not desire a Separation Medical Examination.

His records contain his statement that he was “AWOL from 10 October 1991 to    9 January 1992”.

On 23 January 1992, after consulting with legal counsel, the applicant voluntarily submitted a request for discharge under Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  He acknowledged that he was guilty; that he could receive a UOTHC discharge; and that he understood the effects of receiving such a discharge.  He indicated he had consulted with legal counsel, that he had been fully advised of the nature of his rights, and the facts whch must be established by competent evidence beyond a reasonable doubt to sustain a finding of guilty.  He also was informed of the possible defenses, which appeared to be available at the time and the maximum permissible punishment if he were found guilty.

On 11 February 1992, the appropriate separation authority approved his request for discharge and directed he be reduced to pay grade E-1 and that he receive a discharge UOTHC (with an Undesirable Discharge Certificate).

On 12 March 1992, he was discharged under the above-cited regulation.  His separation document indicates he had 3 years, 9 months and 25 days of creditable service and 92 days of lost time.

On 26 July 2000, the Army Discharge Review Board reviewed his case and found his discharge to be proper and equitable and denied his request.

Army Regulation 635-200, then in effect, set forth the basic authority for the separation of enlisted personnel.  Chapter 10, of that regulation, provided, in pertinent part, that a member who had committed an offense of offenses for which the authorized punishment included a punitive discharge could at any time after the charges had been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  At the time of the applicant’s separation, the regulation provided for an UOTHC discharge with the issuance of an Undesirable Discharge Certificate.

Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 3-7 provides that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be inappropriate.

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.  There is no evidence of record, nor has the applicant provided any, that he was hospitalized or that he had a diminished capacity when being processed from the Army. 

2.  The applicant chose to request an administrative discharge rather than risk the consequence of a court-martial.  Although he may now feel that he made the wrong choice, he should not be allowed to change his mind at this late date.

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

__js____  ___jm___  ___mm_____ DENY APPLICATION

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

INDEX

CASE ID	AR2000047098	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010118	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.110	Ch 10	
2.		
3.		
4.		
5.		
6.