MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 April 2001
	DOCKET NUMBER:   AR2000048206

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Thomas F. Baxter		Member	
	Mr. John T. Meixell		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:  That he appeared before the Army Discharge Review Board (ADRB) for an upgrade of his discharge and has yet to receive the results of his personal appearance.  He states that after his discharge from the Army he has worked successfully but is now disabled.  He states that during his last period of service he was a heroin addict in Germany.  In support of his application he submits DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) and associated documents pertaining to his personal appearance before the ADRB.

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

The applicant served honorably from 24 October 1966 to 19 May 1969.  He enlisted in the Army on 21 August 1970, was discharged on 26 May 1971, and immediately reenlisted on 27 May 1971 for a period of 5 years.  He was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 60 Device, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.  His highest rank attained was specialist five.

While assigned to Germany court-martial charges were preferred against the applicant for stealing $100.00 of U.S. currency, stealing property of another soldier valued at $126.00, wrongfully and unlawfully possessing a switchblade knife, wrongfully and unlawfully possessing 13 hypodermic needles and 
7 hypodermic syringes, and wrongfully and unlawfully possessing heroin and marihuana.  After consulting with counsel he voluntarily submitted a request to be discharged for the good of the service in lieu of trial by court-martial.  The applicant submitted a statement in his own behalf stating reasons for a general discharge.

The request for discharge was approved by the appropriate authority and on 
18 October 1976 the applicant was discharged from the Army under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial in pay grade E-1.  

The file indicates the applicant had a personal appearance before the ADRB on 
1 May 1979.  Also, he was notified by written correspondence dated 29 June 1979 that his request for an upgrade of his discharge was denied.

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 court-martial charges have been preferred.  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 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.  The applicant chose to request an administrative discharge rather than risk the consequences 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

__WTM__  _TFB___  _JTM____  DENY APPLICATION

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

INDEX

CASE ID	AR2000048206	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010403	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.