MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           21 February 2002
	DOCKET NUMBER:   AR2001060779

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Melvin H. Meyer		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 the Under Other Than Honorable Conditions (UOHC) characterization of his discharge be upgraded.

APPLICANT STATES:  In effect, that since leaving the service he has rid himself of the bad habits that led to his discharge.  He no longer uses drugs and now speaks to youth about the danger of drugs and gangs.  He also strongly recommends military service because it was a good experience for him.

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

He enlisted in the Regular Army on 31 May 1978, for a period of 3 years.  At the time of enlistment, he was 18 years old, had completed high school, and had an Armed Forces Qualification Score of 59, which placed him in Mental Category III (indicating soldiers with average learning abilities).

Charges were preferred against the applicant for two specifications of absence without leave (AWOL) from 3 April 1979 to 6 June 1979, and 6 June 1979 to 23 August 1979.

On 27 August 1979, after consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10.  He indicated in his request that he understood he could receive a UOHC discharge.  He acknowledged by his signature that he had been fully advised in this matter and declined to submit a statement in his own behalf.

On 27 August 1979, his commander recommended that he be eliminated from the service and that he be issued an undesirable discharge.

The appropriate authority approved his request for separation under the provisions of AR 635-200, chapter 10 with an UOHC discharge and directed the issuance of a DD Form 258A, Undesirable Discharge Certificate.  Accordingly, on 28 September 1979, he was discharged.

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.  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 evidence available indicates that the chapter 10 discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

2.  There is insufficient evidence in the available records to indicate that the applicant was any less mature or educated than others who successfully completed their tours of service.  The applicant is commended for his post separation conduct.  However, as indicated above, chapter 10 is a voluntary action on the part of an accused that has been charged with a crime punishable by court-martial and requires counseling by a military attorney before the accused is permitted to request the discharge.  The applicant was AWOL for an extensive period.  A conviction at a court-martial could have possibly resulted in a prison sentence and the permanent stigma of a federal conviction.  Therefore, it appears that the applicant requested the administrative discharge he received rather than risk the consequences of a trial by court-martial.

3.  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 satisfies this requirement.

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

___gdp __  ___tap___    __mhm  DENY APPLICATION

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

INDEX

CASE ID	AR2001060779	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010221	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1. .  144.0136		
2.		
3.		
4.		
5.		
6.