MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 July 2000                   
	DOCKET NUMBER:   AR1999030656

	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. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. John Saputo		Member	
	Mr. Roger Able		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 her discharge under other than honorable conditions (UOTHC) be upgraded to a general discharge.

APPLICANT STATES:  In effect, that she is requesting an upgrade for VA benefits.  She further states in effect, that in the late summer or early autumn 
of 1976, she was sexually assaulted.  After the assault she went into the barracks, packed her bags and left that night.  She does not contend, however, that this was her reason for absenting herself without leave (AWOL). 

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

She was born on 23 December 1955.  She completed 12 years of formal education.  On 24 February 1977, the applicant enlisted into the Regular 
Army for a period of 3 years.  She completed the required training and was awarded military occupational specialty (MOS) 94B10 Food Service Specialist.

On 5 January 1978, the applicant accepted nonjudical punishment (NJP), under Article 15, Uniform Code of Military Justice (UCMJ), for being absent without 
leave (AWOL) from 1 to 8 December 1977.  Her imposed punishment 
was a forfeiture of $100.00 pay per month for 2 months and 30 days in correctional custody facility (CCF) (suspended for 90 days).

On 11 April 1978, court-martial charges were preferred against the applicant for being AWOL from 13 March 1978 until surrendering to military authorities
on 7 November 1978.

On 26 January 1979, the applicant consulted with legal counsel and voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  The applicant was advised of the effects of a discharge UOTHC and that she might be deprived of many or all Army and Veterans Administration benefits.  She was afforded the opportunity to submit statements in her behalf, but she declined to do so.

A mental and a physical evaluation found the applicant fit for retention.

On 24 February 1979, the appropriate authority approved the applicant’s request for discharge and directed the issuance of a discharge UOTHC.  On 9 March 1979, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of service with a discharge UOTHC.  She completed 1 year, 4 months and 10 days of creditable active service and had 246 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 at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trail by court martial.  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.  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 the request was made under coercion or duress.

3.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

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

__rjw___  __js____  __ra____  DENY APPLICATION

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

INDEX

CASE ID	AR1999030656	
SUFFIX		
RECON		
DATE BOARDED	20000711	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19790309	
DISCHARGE AUTHORITY	AR635-200, Chapter 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.		
3.		
4.		
5.		
6.