MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 December 2000  
	DOCKET NUMBER:   AR2000048177

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy 		Chairperson	
	Mr. Ernest W. Lutz 		Member	
	Ms. Gail J. Wire  		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 be upgraded to honorable.  

APPLICANT STATES:  In effect, that he is currently an ordained minister and has displayed positive actions for the past thirty years since his discharge.  In support of his application, he submits a letter, dated 11 September 2000, from the VA in West Haven, Connecticut; DD Form 214 (Report of Transfer or Discharge); DD Form 4 (Enlistment Contract) dated 23 December 1968; DA Form 20 (Enlisted Qualification Record); Standard Form 88 (Report of Medical Examination) dated 6 August 1970; and VA Form 21-22 (Appointment of Veterans Service Organization as Claimant’s Representative).

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

The applicant enlisted on 23 December 1968 for a period of 2 years.  While in basic training, nonjudicial punishment was imposed against the applicant for disobeying a lawful command.  His punishment consisted of a forfeiture of pay and extra duty and restriction.  Upon completion of advanced individual training he was transferred to Fort Benning, Georgia, for duty as a cook.

On 12 January 1970 the applicant was convicted by special court-martial of possession of marijuana.  He was sentenced to confinement at hard labor for
3 months, forfeiture of $50.00 pay per month for 6 months and reduction to pay grade E-1.  The convening authority approved the sentence on 20 January 1970.

The applicant went AWOL on 1 June 1970 and returned to military control on
30 July 1970.  

Court-martial charges for the AWOL period were preferred against the applicant on 4 August 1970 and he was referred to trial by a special court-martial.

After consulting with counsel, on 5 August 1970, the applicant 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 elected not to make a statement in his own behalf.

The approval authority’s action is not contained in the available records.  However, the applicant’s separation orders, dated 21 August 1970, show that he was discharged under other than honorable conditions on 24 August 1970 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service.  He had served 1 year, 3 months and 27 days of total active service with 124 days of lost time due to AWOL and confinement.  

There is no indication in the available records which shows the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations.

Army Regulation 635-200 sets forth the basic authority for the 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 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 considered the applicant’s contentions regarding his post service achievements and conduct.  However, good post service conduct alone is not a basis for upgrading a discharge.  While the applicant’s post service conduct has been positive it is not sufficient to warrant upgrade of his discharge in view of the seriousness of his offenses.

2.  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.

3.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

4.  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.

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

KAK____  EWL____  GJW_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000048177	
SUFFIX		
RECON		
DATE BOARDED	20001221	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19700824	
DISCHARGE AUTHORITY	AR 635-200 Chapter 10	
DISCHARGE REASON	For the good of the service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.