MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            1 May 2003        
	DOCKET NUMBER:   AR2003084258

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas B. Redfern, III		Chairperson	
	Ms. Linda D. Simmons		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 or general under honorable conditions.

APPLICANT STATES:  That he was promoted to Specialist Four, E-4 and shortly thereafter transferred to Korea.  During a meeting with the new troop commander, he addressed the new commander, who took the applicant's standing up for his rights to be offensive.  Afterwards, the commander made his life difficult.  His commander accused him of attempting to rob the Noncommissioned Officer's Club and restricted him.  He was confined in the commander's office until he signed the discharge packet.  He did not have an excellent record but his initial mistakes were the result of immaturity.  He realized he could not win in the personality conflict with his commander so he signed the request for discharge.  He provides no supporting evidence.

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

He was born on 4 February 1959.  He enlisted in the Regular Army on 1 November 1978.  He completed basic training and advanced individual training and was awarded military occupational specialty 19D (Cavalry Scout).

On 19 May 1979, the applicant was convicted by a summary court-martial of wrongfully having in his possession some amount of marijuana and wrongfully using some amount of marijuana.  He was sentenced to be reduced to pay grade E-1, to forfeit $279.00 pay, and to be confined at hard labor for 15 days.  

The applicant was promoted to Specialist Four, E-4 on 1 August 1980.  On or about 28 September 1980, he was reassigned to Korea.

On 20 July 1981, the applicant completed a separation physical and was found qualified for separation.

The applicant's discharge packet is not available.

On 7 August 1981, the applicant was discharged, with a discharge UOTHC, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial.  He had completed 2 years, 8 months, and 22 days of creditable active service and had 12 days of lost time.

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.  A discharge UOTHC is normally considered appropriate.  
Army Regulation 635-200 states in pertinent part that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.  A general discharge is a separation from the Army under honorable conditions.  It is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

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 and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2.  Without having the discharge packet to consider, the Board presumes that the applicant's commander considered the offense(s) charged and the applicant's overall record of service and determined that a discharge UOTHC was appropriate.  The applicant provides no evidence to contraindicate the commander's judgment.

3.  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

__tbr___  __lds___  __jtm    ___  DENY APPLICATION

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

INDEX

CASE ID	AR2003084258	
SUFFIX		
RECON		
DATE BOARDED	20030501	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19810807	
DISCHARGE AUTHORITY	AR 635-200, ch 10 	
DISCHARGE REASON	A70.00	
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.