MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            28 August 2001
	DOCKET NUMBER:   AR2001057763

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman, Jr.		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 he was unjustly discharged from the Army. He states that his marital and family problems and age impaired his ability to serve in the Army.  He states that his brother and son presently have flourishing military careers and their success is a reminder of his failure.  He further asks that the Board consider a young man’s bad decision and an old man’s request.

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

The applicant entered in the Army on 18 August 1967 for a period of 3 years.  He was discharged on 17 November 1969 and immediately reenlisted on 
18 November 1969.  He successfully completed basic combat training and advanced individual training at Fort Dix, New Jersey and was awarded military occupational specialty (MOS) 11B (Infantryman).

The file shows that the applicant’s highest rank attained while serving on active duty was specialist/E-4 and that during his active duty tenure he accepted non-judicial punishment (NJP) on two occasions as follows: 15 December 1970, for being absent without leave (AWOL) from 12 December to 14 December 1970, and for failure to go to his appointed place of duty; and 11 December 1970, for being AWOL from 10 December to 11 December 1970.

The applicant’s discharge packet containing the specific facts and circumstances surrounding his discharge processing is not in the record.  However, the file contains Special Order Number #88 dated 31 March 1971, issued by Headquarters, US Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, that shows the applicant was discharged on 1 April 1971, under the provisions of Army Regulation 635-200 and that his service was characterized as UOTHC.  He was assigned separation program number (SPN) 246.

Appendix A of Army Regulation 635-5, in effect at the time, specifies the reasons for separation of members from active military service and the SPN to be assigned for these stated reasons.  The appendix of that regulation provides that a SPN code of 246 will be assigned when separation is under the provisions of Army Regulation 635-200, chapter 10, to denote discharge for the good of the service.

There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statue of limitations.

Army Regulation 635-200, chapter 10, in effect at the time, provides for members, who have committed an offense or offenses that authorize a punitive discharge, to submit a request for discharge for the good of the service.  The request may be submitted at any time after court-martial charges are preferred and must include the individual’s admission of guilt.  A discharge UOTHC is normally considered appropriate for members separating under these provisions. 

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 record is void of facts and circumstances concerning events that led to a discharge from the Army.  Lacking evidence to the contrary, administrative regularity is presumed in the applicant’s administrative separation under the provisions of Army Regulation 635-200, chapter 10.

2.  The Special Order Number #88 dated 31 March 1971, issued by Headquarters, US Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, confirms that the applicant was discharged for the good of the service in lieu of trial by court-martial.  Procedurally, this would have required him to consult with legal counsel after being charged with the commission of an offense(s) punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  In addition, he would have had to voluntarily request separation after admitting guilt to the stipulated offense(s) under the UCMJ.

3.  The applicant chose to request an administrative discharge rather than risk the consequences of a court-martial.  Although he may now feel that he made the wrong choice, he should not be allowed to change his mind at this late date.

4.  The applicant’s contentions that family and martial problems and his age impaired his ability to serve in the Army is not supported by the evidence of record, nor has he provided evidence to support these contentions.

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

___JNS__  __RTD__  __DPH __  DENY APPLICATION

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

INDEX

CASE ID	AR2001057763	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/28	
TYPE OF DISCHARGE	(UOTHC	
DATE OF DISCHARGE	19710401	
DISCHARGE AUTHORITY	AR 635-200.  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1 93.01.	23.00	
2. 93.07		
3.		
4.		
5.		
6.