MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  17 April 2001
	DOCKET NUMBER:  AR2000050553

	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:  In effect, that his discharge under other than honorable conditions be upgraded.  He also requests that his Social Security Number (SSN) be corrected.

APPLICANT STATES:  That the SSN used was incorrect.  He states that he has enclosed a copy of his Social Security card but it is not attached to the available records provided to the Board.

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

He enlisted and entered active duty on 22 June 1974.  He was trained as an ammunition storage specialist.  While still in training he was punished under Article 15, UCMJ for 2 days AWOL.  On 31 December 1975 he was punished again under Article 15, UCMJ for 2 days AWOL and absence from his place of duty.  On 19 January 1976 he was again punished under Article 15, UCMJ for failure to go to his place of duty and absence from his place of duty.  

On 28 January 1976 charges were preferred on the applicant for disobeying a lawful order of a noncommissioned officer, two specifications of disrespect to a commissioned officer, disobeying a lawful order of a commissioned officer, theft of a radio antenna, two specifications of breaking restriction, three specifications of absence from his place of duty, and disobeying a lawful general regulation by having a BB pistol in his barracks room.

On 2 February 1976, 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 was guilty of the offenses charged and that he might receive a bad conduct or dishonorable discharge as a result of trial by court-martial.  He also acknowledged that he might be deprived of many or all Veteran’s benefits under Federal and state law.  The separation authority approved the request and directed issuance of an Undesirable Discharge Certificate.

On 12 February 1976 he was punished again under Article 15, UCMJ for absence from his place of duty.

Effective 19 February 1976 the applicant was discharged under the authority of Army Regulation 635-200, chapter 10.  He had 1 year, 7 months, and 11 days creditable service and 7 days lost time.  The SSN shown on all of his military records, including those he prepared in his own hand, is consistent throughout the available records.

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.

On 15 August 1978 the Army Discharge Review Board, in a unanimous decision, voted to deny the applicant’s request for an upgrade of his 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's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, even after appropriate and proper consultation with a military lawyer, tends to show he wished to avoid the court-martial and the punitive discharge that he might have received.  There is no indication that the request was made under coercion or duress.

2.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

3.  There is no evidence of record, or provided by the applicant, to show that his SSN as currently reflected in his military records, is incorrect or that he served on active duty with a different SSN.

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

__jk___  __mt____  ___mm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000050553	
SUFFIX		
RECON		
DATE BOARDED	20010417	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19760219	
DISCHARGE AUTHORITY	AR 635-200, CH 10	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.	100.09	
3.		
4.		
5.		
6.