MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 February 2001
	DOCKET NUMBER:   AR2000049777

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Melvin H. Meyer		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 undesirable discharge be upgraded to a general discharge.

APPLICANT STATES:  In effect, that his infraction was not serious enough to warrant an undesirable discharge and that it should be upgraded to a general discharge because he is now a productive member of society.

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

He enlisted on 29 July 1970 for a period of 3 years and training as a track vehicle mechanic.  He successfully completed his training and was transferred to Germany on 22 March 1971 for duty as a track vehicle mechanic.

On 14 April 1971 nonjudicial punishment was imposed against him for altering an Individual Sick Slip (DD Form 689) to indicate false information.  His punishment consisted of a reduction to the pay grade of E-2 (suspended for 30 days), extra duty and restriction. 

On 17 September 1971 nonjudicial punishment was imposed against him for two specifications of failure to go to his place of duty and for being absent without leave (AWOL) from 1 September to 2 September 1971.  His punishment consisted of a reduction to the pay grade of E-2 and a forfeiture of pay.

The applicant’s records also indicate that he was AWOL from 20 September to 23 September 1971.  However, there is no record of nonjudicial punishment in the available records.  

The facts and circumstances surrounding the applicant administrative discharge are not present in the available records.  However, his report of separation (DD Form 214) shows that he was discharged under other than honorable conditions on 10 December 1971, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of trial by court-martial.  He had served 1 year, 4 months and 8 days of total active service and had 4 days of lost time due to AWOL.

There is no indication in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of the 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 charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  The individual must indicate that the request was made freely and without coercion of any kind from anyone.  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.  In the absence of evidence to the contrary, it must be presumed that 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.  Accordingly, the type of discharge directed and the reasons therefore appear to be appropriate considering all of the facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However, he has submitted no evidence to support his contentions and absent the benefit of reviewing the facts and circumstances surrounding his discharge, the Board must presume that his offense was serious enough to warrant a discharge under other than honorable conditions.   

4.  It appears that the applicant requested a discharge for the good of the service in order to avoid a trial by court-martial and the possibility of receiving a felony conviction.  While he may now believe that he made the wrong choice, he should not be allowed to change his mind at this late date, especially considering his otherwise undistinguished record.

5.  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.

6.  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

____js __  __ra ____  __mm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000049777	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/02/27	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1971/12/10	
DISCHARGE AUTHORITY	AR635-200, ch10	
DISCHARGE REASON	A70.00/Good of the service	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  689	144.7000/a70.00	
2.		
3.		
4.		
5.		
6.