MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           17 December 2002                  
	DOCKET NUMBER:   AR2002072527

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. William D. Powers		Member	
	Ms. Barbara J. Ellis 		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 be upgraded.

APPLICANT STATES:  In effect, he was suffering from and under medical care for a psychiatric condition at the time he was discharged.  The applicant submits two pages of medical treatment records showing treatment from the psychology service.  Neither document has any identifying information to identify for whom the treatment was rendered.

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

The applicant entered active duty on 19 February 1976 and reenlisted on 24 February 1978.  

During this period he received non-judicial punishment under Article 15, Uniform Code of Military Justice on four occasions for disobeying a lawful order, failure to go to appointed place of duty, and dereliction of duty.

Although the discharge packet is not of record, the evidence of record shows that the applicant was discharged under the provisions of chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial.  In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  Procedurally, the applicant was required to consult with defense counsel and to voluntarily, and in writing, request separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated offenses under the UCMJ.  

The applicant received an under other than honorable conditions discharged on 27 April 1982, under Army Regulation 635-200, chapter 10, discharge for the good of the service in lieu of trial by court-martial.  

On 8 July 1983, the Army Discharge Review Board (ADRB) denied the applicant's request to upgrade his discharge.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, and applicable law and regulations, it is concluded:

1.  In the absence of information to the contrary, the Board is required to presume all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The character of the discharge is commensurate with his overall record.  

2.  In the absence of evidence that at the time of the discharge the applicant was so impaired by mental, emotional, psychological or psychiatric problems that he could not both tell right from wrong and adhere to the right the contention of diminished capacity does not demonstrate an error or an injustice in the discharge.

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 would satisfy 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

__LLS___  ___WDP   __BJE___  DENY APPLICATION

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

INDEX

CASE ID	AR2002072527	
SUFFIX		
RECON		
DATE BOARDED	20021217	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.7	
2.	144.9323	
3.		
4.		
5.		
6.