MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:              8 June 2000    
	DOCKET NUMBER:    AR1999029999

	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. Antoinette E. Farley		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Arthur A. Omartian		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 under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge (GD), under honorable conditions.

APPLICANT STATES:  That he entered military service at the age of 17 to study multi-channel communication electronic repair, military occupational specialty (MOS) 31L.  He states that it was a course that required 48 months of training.  According to the applicant, he was informed that since he wasn’t a high school graduate his MOS would be changed to MOS 13B (Cannon Crewmen).  He further states that if you enlist for MOS 13B, you receive enlistment bonuses.  Since he hadn’t originally enlisted for this MOS, he didn’t receive any bonuses.  He is therefore requesting to have his discharge upgraded from undesirable/
UOTHC to a GD.  He states that he has never been written up for anything until he returned from Germany to the United States.  He was suffering from alcoholism and drug addiction.  At that time he did not know how to accept responsibility for his negative behavior so he went absent without leave (AWOL) in search of help for his drug addiction problem.  He further states that he regrets having done these things and only wants to put them behind him.  He further adds that he turned himself in after two months.  He served a total of 45 months active duty. 

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

On 27 December 1976, he enlisted in the Regular Army for 4 years.  He completed his basic combat training at Fort Gordon, Georgia.  In January 1977, 
he began his advanced individual training (AIT) in military occupational specialty (MOS) 31L20 (Wire System Installer).  In July 1977, he was reassigned to Fort Sill, Oklahoma, and completed his AIT in MOS 13B10 (Cannon Crewmember). 
On 18 August 1977, he was assigned to Germany for duty in his MOS.

On 17 October 1977, he received a nonjudicial punishment (NJP), for failing 
to obey a lawful order from a superior commissioned officer on 2 February and 
14 February 1977.  His punishment included forfeiture of $75.00 pay and 
14 days extra duty.  He did not appeal his punishment.

On 13 January 1978, he was advanced to pay grade E-3, which was the highest pay grade he achieved. 

On 5 July 1979, his records show that he was entered into the local Alcohol and Drug Abuse Prevention and Control Program (ADAPCP), with a physician’s diagnosis of improper use of barbiturates.  He participated in the non-resident rehabilitation program, which included command and individual counseling.  On 
7 September 1979, he was credited with successfully completing the ADAPCP program.  On 18 September 1979, he returned to the United States and was assigned to Fort Campbell, Kentucky. 

On 15 April 1980, he received another NJP for being disorderly in camp and 
willfully disobeying a lawful order from a superior commissioned officer on 
10 April 1980.  His punishment included forfeiture of $ 115.00 pay, reduction to pay grade E-2 and 14 days extra duty and restriction.  He did not appeal his punishment.

He was AWOL from 3 May 1980 to 25 February 1981.  Upon his return to military control, he was charged with being AWOL.  He was cleared by a physical and mental evaluation for separation.

On 10 March 1981, the applicant consulted with legal counsel, requested discharge under the provisions of chapter 10, Army Regulation AR 635-200, in lieu of trial by court martial, and did not submit a statement in his own behalf.  

On 16 March 1981, his unit and intermediate commanders recommended approval with issuance of a UOTHC discharge.  

On 18 March 1981, the discharge approving authority approved the recommendation for discharge under the provisions of chapter 10, AR 635-
200 and directed separation UOTHC.  He was discharged on 19 May 1981.  He had 3 years, 7 months and 2 days of creditable service and 212 days lost time.

On 18 February 1987, the Army Discharge Review Board denied his requested to upgrade his discharge.  

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.  Army policy states that although an honorable or general discharge is authorized, a discharge UOTHC 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 the aforementioned requirement.

2.  He had participated once in an ADAPCP program.  If he had a recurrence of the same problem, he should have turned himself in for further rehabilitation treatment rather than departing AWOL.

3.  Further, his disqualification for duty in one MOS and retraining in another MOS was within the terms of his original enlistment contract.  He appears to have adequately performed his duties on this new MOS when he wanted to do so.

4.  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 he received less than competent legal counsel or that his request was made under coercion or duress.  The applicant's request for a Chapter 10 discharge, even after appropriate and proper consultation with a military lawyer, tends to show he wished to avoid the court-martial and the punitive discharge that he might have received 

5.  Therefore, the type of discharge directed and the reason for discharge was appropriate considering the facts of the case.

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

___SLP _  __LEM __  __AAO__  DENY APPLICATION

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

INDEX

CASE ID	AR1999029999	
SUFFIX		
RECON		
DATE BOARDED	20000608	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19810318	
DISCHARGE AUTHORITY	AR 635-200/10	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A69.00	
2.	A126.00	
3.		
4.		
5.		
6.