MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 May 2000
	DOCKET NUMBER:   AR1999030842

	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. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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 honorable.

APPLICANT STATES:  That he fell into a state of depression as a result of personal problems and the stress of duty.  His wife suffered a tubular pregnancy and lost the baby.  His squad leader knew how stressed out and emotionally distraught he was, but taunted him and showed prejudice and insensitivity.

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

He enlisted on 2 February 1983 and, after training, was assigned to Fort Stewart, Georgia.  In January 1985, the applicant was reassigned overseas to Germany.  For reasons not evident in the record, he was reassigned to Fort Sam Houston, Texas, after serving only 1 year in Germany.

On 30 January 1987, the applicant was administered nonjudicial punishment (NJP) under Article 15, UCMJ, for being disrespectful in language to an NCO, and failure to obey a lawful order.

On 19 February 1987, the applicant was administered NJP for two specifications of failure to report to his appointed place of duty.

On 20 February 1987, the applicant’s commander recommended he be barred from reenlistment for disciplinary problems and not demonstrating potential for continued military service.  The bar to reenlistment was approved on 24 February 1987 by the special court-martial convening authority.

Court-martial charges were filed against the applicant.  Although the charge sheet is not on file, the applicant’s commander stated the applicant’s charges as six specifications of failure to report to his appointed place of duty, two specifications of failure to obey a lawful order, and wrongful use of marijuana.  On 8 April 1987, the applicant consulted with counsel and voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He stated that he acknowledged he was guilty of the charge against him which authorized the imposition of a bad conduct or dishonorable discharge, and that he did not desire further rehabilitation, nor had any desire for further military service.  He stated that he understood the nature and consequences of the undesirable discharge that he might receive.  He submitted a statement in his own behalf, essentially blaming his problems on poor leadership in his unit and his wife’s state of health.

On 10 April 1987, the separation authority, a major general, approved the request and directed the applicant be issued a Discharge Certificate Under Other Than Honorable Conditions.

The applicant was discharged on 16 April 1987 with 4 years, 2 months and 
15 days of creditable active service.

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.

On 19 October 1993, the Army Discharge Review Board denied the applicant’s request for upgrade of his 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.  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.

2.  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.

3.  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.

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

__mkp__  __gdp____  __tbr____  DENY APPLICATION

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

INDEX

CASE ID	AR1999030842	
SUFFIX		
RECON		
DATE BOARDED	20000510	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19870416	
DISCHARGE AUTHORITY	AR635-200 CH10	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	A74.00	
3.	A75.00	
4.		
5.		
6.