MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 July 2001
	DOCKET NUMBER:   AR2001058062

	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	
	Ms. Margaret V. Thompson		Member	
	Mr. William D. Powers		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 to an honorable discharge.

APPLICANT STATES:  In effect, that he was a troubled young man who had never used drugs and alcohol before entering the Army.  He states that his wife was sent overseas and it became difficult for him to perform his duties as a soldier.  He further states that the Army shares some responsibility for taking his wife away from him and his drug addiction.

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

On 20 January 1976, he enlisted in the Army for 3 years.  He successfully completed basic training and advanced individual training at Fort Huachuca, Arizona and was awarded military occupational specialty (MOS) 17K 
(Ground Surveillance Radar Crewman).

The applicant’s record shows that the highest rank he attained while serving on active duty was private first class/E-3 and that during his active duty tenure he accepted non-judicial punishment (NJP) on six separate occasions as follows:  18 September 1976, for failing to obey a lawful general regulation: 2 September 1976, for possession of marihuana; 16 September 1976, failure to obey a general regulation; 3 December 1976, for being incapacitated to perform his duties and destruction of government property; 15 December 1976, for being drunk and disorderly; 6 May 1997, for striking a airman with his fist; and 16 September 1977, for disobeying the lawful order of a noncommissioned officer (NCO).

On 2 August 1978, the applicant departed absent without leave (AWOL) and remained away for 9 days, until returning to military authorities on 10 August 1978.  He again went AWOL on 5 September 1978, and remained away for 
98 days, until returning to military control at the Personnel Control Facility, Fort Bragg, North Carolina on 11 December 1978.

On 27 December 1978, a court-martial charge was preferred against the applicant for his AWOL period from 5 September to 11 December 1978.  After consulting with legal counsel, the applicant voluntarily, and in writing, requested separation from the Army for the good of the service in lieu of trial by 
court-martial.  

On 9 January 1979, the applicant’s request for separation was approved by the appropriate authority.  On 18 January 1979, he was discharged, under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  At the time of his discharge, the applicant had completed a total of 2 years, 8 months, and 13 days of creditable active military service and had accrued 107 days of lost time due to AWOL.
There is no evidence that the applicant applied to the Army Discharge Review Board for 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 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 court-martial 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.  The Board notes the contention of the applicant that the separation from his wife hindered his ability serve and that the Army bears some responsibility for his drug and alcohol use but finds these factors are not sufficiently mitigating to warrant an upgrade to his discharge. 

2.  The evidence of record shows the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial.  In connection with such a discharge, he was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge and after consulting counsel, voluntarily requested separation from the Army in lieu of trial by court-martial.  In doing so, he admitted guilt to the stipulated offenses under the UCMJ.

3.  The Board is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process and that the characterization of his service is commensurate with his overall record of service. 

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

__JNS__  __ MVT __  __WDP__  DENY APPLICATION

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

INDEX

CASE ID	AR2001058062	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/07/24	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR 635-200.  .  .  .  .  	
DISCHARGE REASON	In Lieu of Trial By Court-Martial	
BOARD DECISION	( DENY, )	
REVIEW AUTHORITY		
ISSUES         1.	23.00	
2.		
3.		
4.		
5.		
6.