MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 March 2001
	DOCKET NUMBER:   AR2000050721

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Christopher J. Prosser		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 to honorable.

APPLICANT STATES:  That his discharge was unjust because he was only following orders.  He contends that he was told to wear a beret as a part of his uniform.  When he did, he was told he was out of uniform.  He further contends that this was the basis for his UOTHC.

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

He enlisted in the Army on 2 September 1969 for 3 years.  He completed his initial training and served as a field wireman (36K).  On 8 March 1972 he was honorably released from active duty and transferred to the United States Army Reserve.  He attained the rank of specialist four (SP4) and completed 2 years, 
6 months and 7 days of creditable active service.

On 18 October 1972 he again enlisted in the Army for 4 years in the rank of SP4. He was assigned to Fort Hood, Texas, for duty as a field wireman.

On 23 July 1973 the applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for being absent without leave (AWOL) for less than 1 day.  The punishment included a forfeiture of $30.00 (suspended for 30 days), and 7 days extra duty.

On 7 August 1973 the applicant was convicted by a summary court-martial of willfully disobeying a lawful command  (3 specifications).  He was sentenced to a forfeiture of $228.00.

On 28 September 1973 the applicant received NJP for AWOL (9 days).  The punishment included a reduction to private E-2 and 45 days extra duty, 30 days of which was suspended.  His appeal was denied.

On 21 January 1974 the applicant received NJP for AWOL (13 days).  The punishment included a forfeiture of $150.00 per month for 2 months and extra duty and restriction for 45 days.  His appeal was denied.

On 26 February 1974 the applicant was convicted by summary court-martial of AWOL (10 days).  He was sentenced to a forfeiture of $200.00 and restriction for 60 days.

On 18 April 1974 the applicant received NJP for failure to obey a lawful order on two separate occasions.  The punishment included a reduction to private E-1 (suspended).  He did not appeal the punishment.

On 12 June 1974 the applicant was charged with AWOL (2 specifications).
On 27 June 1974 the applicant voluntarily requested to be discharged from the Army for the good of the service under the provisions of Army Regulation 
635-200, chapter 10, in lieu of trial by court-martial.

The applicant consulted with counsel, acknowledged the possible effects of receiving an under other than honorable discharge, and elected not to make a statement in his own behalf.

The appropriate authority approved the requested separation on 15 July 1974.  On 2 August 1974 he was discharged under other than honorable conditions.  He completed 4 years, 2 months and 5 days of creditable active service and had 
48 days lost time due to AWOL.

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge 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.  There is no indication that the request was made under coercion or duress.

2.  The type of discharge directed and the reason therefor were appropriate considering all the facts of the case.

3.  Neither the applicant nor the applicant’s records provide any support for his contention that he was only following orders and that his discharge was unjust.

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

__JNS___  ___LE___  __CJP___  DENY APPLICATION

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

INDEX

CASE ID	AR2000050721	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010329	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19740802	
DISCHARGE AUTHORITY	AR .635-200, Chapter 10	
DISCHARGE REASON		
BOARD DECISION	deny	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.