MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  17 April 2001
	DOCKET NUMBER:  AR2000050509

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Ms. Margaret V. Thompson		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:  That he did make a mistake but does not feel it should be a lifetime punishment.

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

He enlisted and entered active duty on 9 June 1967 at almost 20 years of age.  While still in training he was punished under Article 15, UCMJ for barracks larceny.  He was trained as a signal wireman and assigned to Vietnam.  He was promoted to the pay grade of E-4 effective 1 May 1968.

On 27 November 1968 the applicant was convicted by a general court-martial of assault and wrongful possession of marijuana.  The approved sentence included confinement at hard labor and forfeiture of pay.  Effective 13 May 1969 the applicant was AWOL.  He was apprehended by military authorities on 15 June 1969.  On 17 June 1969 charges were preferred for 31 days AWOL with intention of desertion and assault with a dangerous weapon.

The applicant underwent a psychiatric evaluation on 4 July 1969 that resulted in a diagnosis of sociopathic personality, antisocial type, not amenable to rehabilitation.  He was capable of distinguishing right from wrong and adhering to the right.  He had no mental illness or condition qualifying him for disposition through medical channels.

On 8 August 1969, after consulting with counsel, he requested discharge for the good of the service in lieu of trial by court-martial.  In his request he acknowledged that he could be deprived of many or all Army and Veteran’s Administration benefits under Federal and state law and may expect to encounter prejudice in civilian life based on the undesirable discharge he might receive.  He waived his right to submit statements in his own behalf.  On September 1969 the separation authority, a lieutenant general, approved the request and directed issuance of an Undesirable Discharge Certificate.

Effective 1 October 1969 the applicant was discharged under the authority of Army Regulation 635-200, chapter 10.  He had 2 years, 2 months, and 22 days creditable service and 31 days lost time recorded on his DD Form 214 (Report of Transfer or Discharge).  The lost time and creditable service do not appear to record the amount of time the applicant was in confinement.

The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge.  On 17 April 1973 the ADRB denied his request.  The ADRB conducted another review of the applicant’s discharge and on 28 August 1978 and, in a unanimous decision, voted again to deny the applicant a discharge upgrade.

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.  However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.

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 chose to request an administrative discharge, after consulting with counsel, rather than risk the consequences of a court-martial.  The applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, was administratively correct and in conformance with applicable regulations.  There is no indication that the request was made under coercion or duress.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.  While the Board is empathetic, the applicant's personal problems are not sufficiently mitigating by themself to warrant an upgrade of his discharge.

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

__jk___  ___mt____  __mm____  DENY APPLICATION

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

INDEX

CASE ID	AR2000050509	
SUFFIX		
RECON		
DATE BOARDED	20010417	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19691001	
DISCHARGE AUTHORITY	AR 635-200, CH 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.