MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 August 2003                  
	DOCKET NUMBER:    AR2003088156

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Linda M. Barker		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:  In effect, that his under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge (HD).  

APPLICANT STATES:  In effect, that due to his medical situation, he was hospitalized and could not report to duty.  He claims he was hospitalized for eight weeks.  

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

On 23 May 1980, he enlisted in the Army for three years.  In August 1980, he successfully completed training and was awarded military occupational specialty (MOS) 11B (Infantryman), and he was assigned to Fort Carson, Colorado.

The applicant’s record shows that he was in a hospital status from 6 October through 27 October 1980.  His Personnel Qualification Record (DA Form 2-1) confirms that he was never advanced beyond the rank of private/E-1 while serving on active duty, and it documents no acts of valor, significant achievement, or service warranting special recognition.  

The specific facts and circumstances surrounding the applicant’s discharge processing are not on file.  However, the record does include a properly constituted separation document (DD Form 214) that contains the authority and reason for his discharge.  The applicant authenticated this document with his signature on the date of his separation.  

The applicant’s DD Form 214 confirms that on 5 February 1981, he was separated under the provisions of chapter 10, Army Regulation 635-200, for the good of the service, in lieu of court-martial.  This document also shows that he had completed 8 months and 13 days of creditable active military service as of the date of his separation.  

There is no indication that the applicant requested an upgrade of his discharge from the Army Discharge Review Board (ADRB) within its 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 at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  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 Board notes the applicant’s contention that his medical situation prevented his return to duty.  However, he fails to provide any independent evidence to support this claim.  

2.  The applicant’s record is void of the specific facts and circumstances surrounding his discharge processing.  However, it does contain a properly constituted DD Form 214 that identifies the reason and characterization of his discharge.  The applicant authenticated this document with his signature on the date of his separation, thereby verifying that the information contained therein was correct at the time it was prepared and issued.  Therefore, the Board presumes Government regularity in the discharge process. 

3.  The record also confirms that the applicant was discharged under the provisions of chapter 10, Army Regulation 635-200, for the good of the service, in lieu of court-martial.  In connection with such a discharge, he was charged with the commission of an offense punishable with a punitive discharge under the Uniform Code of Military Justice (UCMJ).  Procedurally, he was required to consult with defense counsel, and to voluntarily request separation from the Army in lieu of trial by court-martial.  In doing so, he would have admitted guilt to the stipulated offense under the UCMJ.  

4.  In the absence of information to the contrary, the Board is satisfied that all requirements of law and regulation were met and the rights of the applicant 
were fully protected throughout the separation process.  Further, the Board finds the applicant’s record of service is not sufficiently meritorious to support an upgrade of his discharge at this time.  Thus, it concludes that the requested relief is not warranted in this case. 

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

__JA___  ___LB__  __RO__  DENY APPLICATION

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

INDEX

CASE ID	AR2003088156	
SUFFIX		
RECON		
DATE BOARDED	2003/08/	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1981/02/05	
DISCHARGE AUTHORITY	AR 635-200 C10	
DISCHARGE REASON	In Lieu of CM	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.