MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            8 February 2001                  
	DOCKET NUMBER:   AR2000048368

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Donald P. Hupman		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.

APPLICANT STATES:  That he would like to have his discharge status upgraded.  He states that he was told that he would have to appear in person before the Board in Washington, D.C. which he now finds to be an error.  

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

The applicant enlisted in the Regular Army on 16 October 1980 for a period of 3 years.  He successfully completed training as an armor crewman and was assigned to Fort Bliss, Texas in March 1981.  

On 23 April 1981, the applicant received nonjudicial punishment for 3 specifications of failing to go to his appointed place of duty.  He received nonjudicial punishment again in May 1981 for wrongfully possessing some amount of marijuana.  On 16 July 1981, the applicant received a bar to reenlistment.

On 8 March 1982, charges were preferred against the applicant for being absent without leave (AWOL) from 4 January 1982 to 1 March 1982.

On 16 March 1982, the applicant consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Chapter 10 of Army Regulation 635-200.  In doing so, he admitted guilt to the offense charged and acknowledged that he might encounter substantial prejudice in civilian life and that he might be ineligible for many or all benefits administered by the Veterans Administration if an under other than honorable conditions discharge were issued.  The applicant elected not to submit a statement in his own behalf.

The separation authority approved the applicant’s request for discharge and directed an under other than honorable conditions discharge.  The applicant was discharged on 2 April 1982 under the provisions of Army Regulation 635-200, chapter 10.  He had 1 year, 3 months, and 21 days of creditable service and 56 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 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 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 was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and VA benefits.  He was afforded the opportunity to submit statements in his own behalf, but he declined to do so.

3.  The type of discharge directed and the reason for his separation were appropriate considering all 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

JL______  GDP_____  DPH_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000048368	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010208 	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19820402	
DISCHARGE AUTHORITY	AR635-200,chapter 10	
DISCHARGE REASON	For the good of the service – in lieu of trial by court-martial	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.