MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            29 March 2001     
	DOCKET NUMBER:   AR2000051056

	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. 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 be upgraded.   

APPLICANT STATES:  In effect, that his reasons for an upgrade of his discharge are on the other form that he sent to the Army Discharge Review Board. However, this application is not available to the Board.  

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

At age 17, with parental consent, the applicant enlisted on 22 June 1972 for a period of three years.  

Between 28 September 1972 and 17 November 1972, while in advanced individual training, nonjudicial punishment was imposed against the applicant on three occasions for assault, failure to go to his place of duty and AWOL.

The applicant went AWOL on 4 December 1972 and returned to military control on 14 February 1973.  Charges were preferred against him on 16 February 1973 and trial by special court-martial was recommended.  

On 23 February 1973, 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.  He indicated in his request that he understood he could receive a discharge under other than honorable conditions, 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 Veterans Administration.  He also acknowledged that he may be deprived of his rights and benefits as a veteran under both Federal and State law and that he may encounter substantial prejudice in the civilian life.  Additionally, the applicant elected to submit a statement in his own behalf.  In summary, the applicant stated that he could not adapt to Army life and wanted to be discharged right away. 

The intermediate commanders recommended that the applicant’s request for discharge be approved and that he be furnished an undesirable discharge.

On 19 March 1973 the appropriate authority approved the applicant’s request for discharge and directed that he be issued an undesirable discharge.

Accordingly, the applicant was discharged under other than honorable conditions on 28 March 1973 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service.  He had served 6 months and 19 days of total active service and had 77 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.  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’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.  The type of discharge directed and the reasons for separation were appropriate considering all of the facts of the case.

2.  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.

3.  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	AR2000051056	
SUFFIX		
RECON		
DATE BOARDED	20010329	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19730328	
DISCHARGE AUTHORITY	AR 635-200 Chapter 10	
DISCHARGE REASON	For the good of the service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.