MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 October 2001                   
	DOCKET NUMBER:   AR2001058523

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Joe R. Schroeder		Member	
	Mr. Charles Gainor		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 be upgraded to honorable.

APPLICANT STATES:  That he made one mistake 23 years ago.  He has never been in trouble of any sort since.  This would give closure on a youthful mistake.  He provides no supporting evidence.

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

He was born on 8 June 1957.  He enlisted in the Regular Army on 31 August 1976.  He completed basic training and advanced individual training and was awarded military occupational specialty 94B (Cook).  He was promoted to Specialist Four, E-4 on 13 January 1978.

On 28 February 1978, court-martial charges were preferred against the applicant charging him with two specifications each of wrongfully selling, transferring, and possessing two bags totaling 25 grams more or less of marijuana and one specification of wrongfully possessing three ounces more or less of marijuana, all offenses taking place on 15 February 1978. 

On 28 March 1978, after consulting with legal counsel, the applicant voluntarily 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 (UOTHC) and that he might be deprived of many or all Army and Veterans Administration benefits.  He elected not to submit a statement in his own behalf.

The applicant’s company and battalion commanders recommended approval of his request with a general discharge under honorable conditions.  His battalion commander had noted that it was “based on his work with the DST” (drug suppression team).  The brigade commander recommended approval of the applicant’s request with a discharge UOTHC.  He noted that the applicant’s cooperation with the DST was effective after he was caught.  The brigade commander noted that he would not press for a bad-conduct discharge special court-martial but the facts suggested the applicant was a seller.

On 27 April 1978, the appropriate authority approved the request and directed the applicant receive a discharge UOTHC.

On 1 May 1978, the applicant was discharged with a discharge UOTHC, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial.  He had completed 1 year, 8 months, and 1 day of creditable active service and had no days of lost time. 

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 charges have been preferred and must include the individual’s admission of guilt.  A discharge UOTHC 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 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.  The Board notes that the applicant was almost 21 years old at the time of the offenses charged.  He was a Specialist Four, E-4 and had been in the Army for over 18 months.  By requesting an administrative discharge in lieu of trial by court-martial he admitted to his guilt.  Had he been tried and convicted instead of given an administrative discharge, he would have had a Federal conviction on his record.  The Board is cognizant of his contention that he has since been a model citizen; however, considering the seriousness of the offenses charged the type of discharge given was and still is appropriate.

4.  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___  __jrs___  ___cg___  DENY APPLICATION

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

INDEX

CASE ID	AR2001058523	
SUFFIX		
RECON		
DATE BOARDED	20011010	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19780501	
DISCHARGE AUTHORITY	AR 635-200, ch 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.