MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 September 2001                   
	DOCKET NUMBER:   AR2001056109

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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 (UOTHC) be upgraded to an honorable discharge.

APPLICANT STATES:  In effect, that his hometown of Temple, New Hampshire is dedicating a memorial stone to the veterans who served their country in the 20th century.  He submits a copy of his police clearance from the West Virginia State Police dated 9 March 2001, in support of his application.

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

On 21 November 1977, the applicant initially enlisted in the United States Army for 3 years.  On 23 January 1979, the applicant reenlisted in the Regular Army for 3 years.  He successfully completed the required training and was awarded military occupational specialty 13B10 (Cannon Crewman).  The highest grade he achieved was pay grade E-4.

On 19 December 1979, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for failing to obey a lawful order and for being disrespectful in language to a superior noncommissioned officer on 
27 November 1979.  His imposed punishment was a reduction to pay grade 
E-3, a forfeiture of $127.00 pay, 14 days extra duty and 14 days restriction. 

On 13 August 1980, court-martial charges were preferred against the applicant
charging him with assault, indecent exposure, being absent without leave and making a false statement while under oath to military authorities.  

The applicant consulted with legal counsel and voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of court-martial. The applicant also acknowledged that by submitting the request for discharge he was admitting his guilt of the charges that were preferred against him.  The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits.  He was afforded the opportunity to submit statements in his behalf, but declined to do so.

The applicant’s separation physical is missing from his personnel record.

On 19 September 1980, the appropriate authority approved his request and directed the issuance of a discharge UOTHC.  On 6 October 1980, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 
635-200, chapter 10, for the good of service with a discharge UOTHC.  He completed 2 years, 10 months and 13 days of creditable active service and had 
3 days lost time.

Army Regulation 635-200 sets forth the basic authority of 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 submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Although an honorable or general discharge is authorized, 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 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.

2.  The Board noted the police clearance submitted by the applicant; however, it does not provide the Board a basis upon which to grant relief.

3.  The applicant’s voluntary request for separation under the provision 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.

4.  Therefore, the type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

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

__lls___  __mhm___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001056109	
SUFFIX		
RECON		
DATE BOARDED	20010906	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19801006	
DISCHARGE AUTHORITY	AR635-200, Chapter 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.		
3.		
4.		
5.		
6.