MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            9 April 2002
	DOCKET NUMBER:   AR2001065929

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Donald P. Hupman, Jr.		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 undesirable discharge be upgraded to honorable.

APPLICANT STATES:  The applicant offers no evidence or argument in support of his request.

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

He enlisted in Des Moines, Iowa, on 28 August 1972, for a period of 4 years, assignment to Europe and a cash enlistment bonus.  He successfully completed his training and was transferred to Berlin, West Germany on 12 January 1973, for duty as a light weapons infantryman. 

On 25 September 1973, the applicant was referred to the Alcohol and Drug Abuse Control Program (ADACP) by his commander, for suspected drug use.  The applicant admitted to his counselor that he was using heroin, marijuana and tranquilizers.

On 25 October 1973, he went absent without leave (AWOL) and remained absent until he was apprehended by civil authorities in Des Moines on 19 December 1973.  He was returned to military control at Fort Snelling, Minnesota, and was then transferred to Fort Leonard Wood, Missouri, where charges were preferred against him.

The facts and circumstances surrounding his administrative discharge are not present in the available records.  However, his records do contain a duly constituted DD Form 214, which shows that he was discharged under other than honorable conditions 22 January 1974, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He had served 1 year, 3 months, and 21 days of total active service and had 55 days of lost time due to AWOL.

There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.  

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of the 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 charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A condition of submitting such a request is that they must admit guilt to the charges preferred against them or a lesser included offense which would also result in a punitive discharge.  They must also indicate that they have been briefed and understand the consequences of such a request as well as the discharge they might receive.  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 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.

2.  Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.

3.  After being afforded the opportunity to assert his innocence before a trial by court-martial, he voluntarily requested a discharge for the good of the service in hopes of avoiding a punitive discharge and a felony conviction.  While he may now believe that he made the wrong choice, he should not be allowed to change his mind at this late date, especially considering his circumstances of his case that are present in the available records. 

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

___rvo___  __dh____  ___rjw __  DENY APPLICATION

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

INDEX

CASE ID	AR2001065929	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/09	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1974/01/22	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	GD OF SVC	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  689	144.7000.A70.00	
2.		
3.		
4.		
5.		
6.