MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            7 May 2002
	DOCKET NUMBER:   AR2002067956

	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. Beverly A. Young 		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler 		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. John T. Meixell		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 under other than honorable conditions (UOTHC) be upgraded to honorable.

APPLICANT STATES:  That at the time of his discharge, he was under extreme stress, and his father had attempted suicide which affected him greatly.  He also states that he was unable to think clearly because he was away from his family.  He enjoyed the Army and wishes he could have handled things differently.  He further states that he is an incarcerated veteran in Mount Pleasant, Iowa.  Upon his release, he would like every chance possible to regain his life, for himself and for his family.  He states that the incarcerated veterans at Mount Pleasant are very helpful to him and his first step is to correct his past.  The applicant did not submit any evidence in support of his application.

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

The applicant enlisted in the Regular Army on 25 February 1980 for a period of three years.  He successfully completed basic and advanced individual training and was assigned to Fort Lewis, Washington, as an assistant gunner.

Charges were preferred against the applicant on 16 December 1980 for stealing two shotguns, of a combined value of $285.00, and for unlawfully entering the truck of a staff sergeant.

On 29 December 1980, the applicant consulted legal counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10.  In doing so, he admitted guilt to the offenses charged and acknowledged that he might encounter substantial prejudice in civilian life and that he might be ineligible for many or all benefits administered by the Veterans Administration (VA) if an under other than honorable discharge were issued.  He elected not to submit a statement in his own behalf. 

On 8 January 1981, the separation authority approved the applicant’s request for discharge and directed issuance of an Under Other Than Honorable Conditions Discharge Certificate.  

Accordingly, the applicant was discharged on 20 January 1981 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service – in lieu of trial by court-martial.  He had 10 months and 26 days of creditable service.

On 31 May 1983, the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge.  On 6 October 1983, the ADRB determined that the applicant's discharge was proper and equitable and unanimously voted to deny his request.
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.  There is no indication that the request was made under coercion or duress.

2.  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 VA benefits.  He was afforded the opportunity to submit statements in his own behalf, but he declined to do so.

3.  The contentions of the applicant have been noted by the Board.  However, these factors are not sufficiently mitigating to warrant an upgrade of his discharge.

4.  There is no apparent error or injustice in this case on which to base recharacterization of the applicant's discharge to honorable.

5.  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.

6.  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

SAC_____  KWL_____  JTM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002067956	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020407	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19810120	
DISCHARGE AUTHORITY	AR635-200,chapter 10	
DISCHARGE REASON	For the Good of the Service – in lieu of trial by court-martial	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.0000	
2.		
3.		
4.		
5.		
6.