MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 January 2001                  
	DOCKET NUMBER:   AR2000048745

	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:

	Mr. Ernest M. Willcher 		Chairperson	
	Ms. Ann M. Campbell 		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 be upgraded.

APPLICANT STATES:  In effect, that he wants his discharge upgraded to allow him entitlement to VA benefits for medical treatment.  He also contends that he went AWOL because he was having problems at home with his fiancee and needed to be there.

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

The applicant enlisted on 11 June 1980 for a period of 3 years.  He completed basic and advanced individual training and was transferred to Fort Knox, Kentucky, for duty as a M60A1/A3 tank system mechanic.

The applicant commenced a period of AWOL on 6 April 1981 and returned to military control on 5 April 1982.  Charges were preferred against the applicant on 7 April 1982 for this AWOL period and trial by special court-martial was recommended.    

On 9 April 1982, after consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He indicated in his request that he understood he could be discharged under other than honorable conditions, furnished an Under Other Than Honorable Discharge Certificate, that he may be deprived of many or all Army benefits and that he may be ineligible for many or all benefits administered by the VA.  Additionally, the applicant elected not to submit a statement in his own behalf.   

The applicant elected not to undergo a separation medical examination on 7 April 1982; however, he underwent a mental status evaluation on 8 April 1982 and was psychiatrically cleared for administrative action.

The intermediate commander recommended that the applicant’s request for discharge be approved.

On 21 April 1982 the appropriate authority approved the applicant’s request for discharge and directed that he be furnished an Other Than Honorable Conditions Discharge Certificate.

Accordingly, the applicant was discharged under other than honorable conditions on 3 May 1982 under the provisions of Army Regulation 635-200, chapter 
10, for the good of the service.  He had served 10 months and 24 days of total active service and had 364 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 at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  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 type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

3.  The Board noted the applicant’s contention that he wants his discharge upgraded to allow him entitlement to VA benefits for medical treatment.  However, evidence of record shows that 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.  

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

EMW___  AMC_____  DPH____  DENY APPLICATION

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

INDEX

CASE ID	AR2000048745	
SUFFIX		
RECON		
DATE BOARDED	20010111	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19820503	
DISCHARGE AUTHORITY	AR 635-200, Chapter 10	
DISCHARGE REASON	For the good of the service in lieu of trial by court-martial	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.