MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 November 2001                   
	DOCKET NUMBER:   AR2001061111

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		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 REQUESTS:  In effect, an upgrade of his discharge under other than honorable conditions (UOTHC).

APPLICANT STATES:  No contentions.

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

On 4 April 1978, the applicant enlisted in the Regular Army for 3 years.  He completed the required training and was awarded military occupational specialty 71L10 (Administrative Specialist).  The highest pay grade he achieved was pay grade E-3.

On 30 December 1978, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for missing a movement.  His imposed punishment was a forfeiture of $97.00 pay ($50.00 suspended until January 1979) and 14 days extra duty.

On 14 June 1979, the applicant accepted an NJP for failure to repair.  His imposed punishment was a reduction to pay grade E-2 (suspended until August 1979) and 10 days extra duty.

On 1 April 1980, while assigned to a unit in Germany, court martial charges were preferred against the applicant for stealing, with force and violence, a wallet containing $39.50 in U. S. currency from a fellow enlisted person.

On 16 June 1980, the applicant consulted with legal counsel and voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of court-martial.  The applicant also acknowledged that by submitting the request for discharge he was admitting his guilt of the charges that were preferred against him.  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.  The applicant elected to submit a statement in his own behalf; however, his statement is missing from his record.

A mental evaluation found the applicant fit for retention.  The applicant declined
a separation physical.

On an unknown date the applicant’s unit commander recommended discharge from the service with a General Discharge Certificate.

On 4 August 1980, the intermediate commander recommended approval of a general discharge.

On 25 August 1980, the Staff Judge Advocate reviewed the separation action and recommended approval with an under other than honorable conditions discharge.  On the same day, the appropriate authority approved the applicant’s  request for discharge and directed the issuance of a discharge UOTHC.  

On 17 September 1980, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of service with a discharge UOTHC.  He had completed 2 years, 5 months and 14 days of creditable active service.

On 8 June 1993, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.

Army Regulation 635-200 sets forth the basic authority of 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.  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 provision 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 type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

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

__inw___  __sk____  __kah___  DENY APPLICATION

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

INDEX

CASE ID	AR2001061111	
SUFFIX		
RECON		
DATE BOARDED	20011115	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19800917	
DISCHARGE AUTHORITY	AR 635-200, Chapter 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.		
3.		
4.		
5.		
6.