MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  5 December 2000
	DOCKET NUMBER:  AR2000047870

	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:

	Ms. Ann M. Campbell		Chairperson	
	Mr. Jose A. Martinez		Member	
	Mr. Allen L. Raub		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 records be corrected to show he was honorably discharged.

APPLICANT STATES: Applicant is silent on the issue.

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

During the period 8 to 21 February 1978, the applicant was in the Army Reserve Delayed Enlistment Program.

During the period 22 February 1978 to 27 July 1980, he served on active duty and was honorably discharged for the purpose of reenlistment.  He attained pay grade E-4, effective 1 September 1979.

On 28 July 1980, he reenlisted for 3 years. 

On 28 July 1981, he accepted field grade non-judicial punishment under Article 15, Uniform Code of Military Justice for three counts each of possession, transfer and sale of marijuana.  His punishment included a reduction to pay grade E-1 and a forfeiture of $250 pay per month for 2 months.

On 12 November 1981, his commander preferred charges against him for being absent without leave from 14 September to 5 November 1981.  He was advised of his rights.

On 13 November 1981, after consulting with legal counsel, he voluntarily submitted a request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10.  He acknowledged that he was guilty of the offense; that he could receive a Bad Conduct or Dishonorable Discharge; and that he understood the effects of receiving such a discharge.  He further requested that he not be administered a separation physical examination.

On 1 December 1981, the appropriate separation authority approved his request and directed his discharge with a discharge under other than honorable conditions (UOTHC) characterization of service.

On 4 December 1981, he was separated with a discharge UOTHC in pay grade E-1, under the above-cited regulation.  His separation document indicates he had 3 years, 7 months and 13 days of creditable service.  His separation document incorrectly shows chapter 2, Army Regulation 635-200 as the separation authority. 

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.  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.

2.  The applicant was properly discharged under chapter 10, Army Regulation 635-200, however his separation document erroneously reflects chapter 2.  The ARBA Support Division will be requested to make the appropriate administrative correction.

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.

NOTE: The ARBA Support Division is requested to make the appropriate administrative correction to item 25, DA Form 214 (Certificate of Release or Discharge from Active Duty), dated 4 December 1981 to show Chapter 10 vice Chapter 2.

BOARD VOTE:

________  ________  ________ GRANT

________  ________  ________ GRANT FORMAL HEARING

__ac___  ___jm_____  __ar______ DENY APPLICATION

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

INDEX

CASE ID	AR2000047870	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001205	
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	UD UP	
2.		
3.		
4.		
5.		
6.