MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 September 2001                           
	DOCKET NUMBER:   AR2001058413

	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. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen A. Heinz		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 REQUE STS:  In effect, that his discharge under honorable conditions be upgraded.

APPLICANT STATES:  In effect, that he had alcohol problems, he was getting a divorce and his wife did not want him in the Army.  

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

On 27 April 1972, the applicant enlisted in the Regular Army for 4 years.  He completed the required training and was awarded military occupational specialty 05H10 (Morse Interceptor).  The highest grade he achieved was pay grade E-3.

Between April and October 1973, the applicant accepted three nonjudicial punishments under Article 15, Uniform Code of Military Justice for two occasions of being absent without leave (AWOL) from 14 to19 March and from 17 to 23 July 1973 and for failure to repair.  His punishment included forfeitures, restrictions, extra duty, and a reduction to pay grade E-1.   

On 15 January 1974, while under the influence of alcohol and marijuana, the applicant attempted suicide by repeatedly cutting his left wrist with a razor blade. The applicant made a sworn statement in which he said that he cut his wrist because he was afraid that he would not get out of the Army and his wife had threatened to leave him, so he believed that he had no choice but to cut his wrist. A Line of Duty Investigation was conducted and determined that the injury was not in the line of duty.  

On the same day, a psychiatric evaluation found that the applicant had a long history of poor impulse control, difficulties with authority and difficulty in sustaining himself at a given task or role.  It was determined that he had a personality disorder that was not amenable to treatment in a military setting.  It was also recommended that he be administrative separated from the Army.  He was considered mentally and physically competent to participate in board proceedings.

On 21 January 1974, the applicant was found fit for retention.

On 1 February 1974, court-martial charges were preferred against the applicant of being absent without leave from 9 to 13 August 1973 and from 15 October 1973 to 14 January 1974.

On 5 February 1974, after consulting with legal counsel the applicant voluntarily without any coercion requested a discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  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 a statement in his behalf.  The applicant stated, in effect, that the reason why he wanted out of the military was because his wife would not live with him while he was in the Army and that she threatened to divorce him, if he did not get out of the military.  The applicant further stated that after she left him that is when he started messing up.  He tried to commit suicide because he could not live without his wife and child and if he lost them, he would have lost everything.  He further stated that if he does not get out of the Army, he might crack-up and try to harm himself again or go AWOL.  He concludes by stating that can not stay in the Army and keep his wife, so he wants out.            

On 13 February 1974, the Commanding General approved the applicant’s request for discharge and directed the issuance of an Undesirable Discharge Certificate.  On 21 February 1974, the applicant was discharged, in pay grade   E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a discharge under other than honorable conditions.  He had completed 1 year, 6 months and 23 days of creditable active military service. 

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.  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 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. 
 
3.  While the Board is empathetic, the applicant's personal problems are not sufficiently mitigating to warrant an upgrade of his discharge.

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

__jhl___  __mhm___  __kah___  DENY APPLICATION

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

INDEX

CASE ID	AR2001058413	
SUFFIX		
RECON		
DATE BOARDED	20010918	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19740221	
DISCHARGE AUTHORITY	AR635-200,Chapter10 .  .  .  .  .  	
DISCHARGE REASON	A70.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.		
3.		
4.		
5.		
6.