MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            10 July 2003
	DOCKET NUMBER:   AR2003085450

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Larry C. Bergquist		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 under other than honorable conditions be upgraded to an honorable or a general discharge.

APPLICANT STATES:  That he is currently working at the Boston Recruitment Center and he hopes to have his discharge upgraded so that he can serve in the National Guard.  He states that he is very dedicated and that he would like to serve his country in the way he knows that he can.  He states that he has always regretted that he left the Army with a discharge under other than honorable conditions and that given the opportunity to serve in the National Guard he could change the status of his discharge to honorable.  He concludes by stating that he is now physically and mentally in a place where he believes that can serve his country to the best of his ability.

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

On 17 August 1981, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as an indirect fire infantryman.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Certificate of Release or Discharge, DD Form 214, indicates that the applicant was discharged on 30 June 1982, under other than honorable conditions, 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 completed 10 months and 14 days of total active service.

There is no evidence of record that shows that the applicant 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 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.  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.

2.  The Board commends the applicant’s on his desire to serve in the National Guard.  However, the applicant does not contend that the records are in error or unjust and his desire to join the National Guard does not constitute justification to warrant an upgrade of his discharge.

3.  The available records indicate that he submitted a request for discharge in lieu of trial by court-martial.  Although he may now believe that he made the wrong choice, he should not be allowed to change his mind at this late date.

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:

__be____  ___lb ___  __ra ____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2003085450	
SUFFIX		
RECON		
DATE BOARDED	2003/07/10	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19820630	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	CHAPTER 10	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  689	144.7000	
2.		
3.		
4.		
5.		
6.