MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           26 MARCH 2002
	DOCKET NUMBER:   AR2002067163

	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	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Mr. Ronald E. Blakely		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 records be corrected by upgrading his discharge.

APPLICANT STATES:  That during AIT (advanced individual training) his drill sergeant disapproved his promotion for no reason, constantly told him that he should have earned his rank and not have it given to him, and worked against him by placing him in situations to fail.  He further states that because of the nature of his discharge, several law enforcement agencies have rejected his   application, and that his bad experiences in the military have caused him emotional and mental distress.   The applicant submits no evidence in support of his request. 

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

On 15 April 1998, he enlisted in the Regular Army for a period of 4 years, in the pay grade of E-4.  He completed basic training at Fort Jackson, South Carolina and was enrolled in advanced individual training at Fort Knox, Kentucky. 

The applicant’s DA Form 2-1 (Personnel Qualification Record) and his DD Form 214, indicates he was absent with out leave (AWOL) from 31 July through 
1 August 1998, however, there is no evidence in his available records that shows he was ever punished for this offense.     

The applicant was AWOL from 12 September 1998 through 19 October 1998.  He surrendered to military control on 20 October 1998 at Patrick Air Force Base, Florida.

On 26 October 1998, after consulting with legal counsel, the applicant voluntarily requested a discharge for the good of the service, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He acknowledged that he was guilty of the charges against him, and that he understood the effects of receiving an under other than honorable conditions  (UOTHC) discharge.

On 22 June 1999, the appropriate separation authority approved his request and directed his reduction to pay grade E-1, and the issuance of an UOTHC discharge.

On 26 June 1999, the applicant was discharged with an UOTHC discharge under the above cited regulation.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he had 1 year, 8 months and 2 days of active military service and 40 days of lost time 

On 19 December 2001, the Army Discharge Review Board denied the applicant’s request to upgrade his discharge.

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 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. The applicant was advised of the effects of a discharge under other than honorable conditions and that he might encounter substantial prejudice in civilian life as the result of receiving an UOTHC discharge.  

3.  There is no evidence of record to substantiate the applicant's claim that military authorities denied his promotion for no reason or that he was deliberately placed in situations to fail.  

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 to show that there was an error or injustice in this 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

__GDP__  __DSJ    _  __REB  _  DENY APPLICATION

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

INDEX

CASE ID	AR2002067163	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020326	
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.	110.00	
2.		
3.		
4.		
5.		
6.