MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             29 June 2000 
	DOCKET NUMBER:    AR1999031292

	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. Walter Avery, Jr.		                          Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Melvin H. Meyer		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 (UOTH) Discharge be upgraded to honorable.

APPLICANT STATES:  That his first period of enlistment resulted in a honorable discharge.  The UOTH discharge was rendered on his second enlistment.  He contends he had a lot of family problems.

The applicant did not submit evidence to support his application.

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

He enlisted in the Regular Army on 20 September 1974 at age 22.  He was trained as a unit/organization supplyman, then stationed in Germany and separated honorably on 16 August 1977.  He reenlisted on 17 August 1977.  He departed absent without leave (AWOL) on 9 January 1978 and was returned to military control on 6 February 1978.  He departed AWOL on 14 February 1978 and was dropped from the rolls the same day.  The applicant was apprehended by civilian authorities and returned to military control on 23 March 1978.  His     DD Form 214, indicates, that the he was discharged on 22 June 1978, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service and was issued an UOTH discharge.

The applicant’s commander was notified that the applicant was indebted to the Army Air Force Exchange because of two dishonored checks written 16 August 1977 and 19 August 1977.

On 21 April 1978 the applicant was charged with violation of three specifications of AWOL under Article 86, of the Uniform Code of Military Justice (UCMJ).

The record shows that on 25 April 1978 the applicant requested discharge for the good of the service.  The request shows that he consulted with military legal counsel and submitted a statement in his own behalf before finalizing his request for discharge.  He also acknowledged that he might receive an UOTH discharge and that such a discharge could deprive him of many of his Department of Veterans Affairs benefits.

On 6 August 1981 the Army Discharge Review Board denied the applicant’s request to upgrade his UOTH 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.  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.  The applicant states that the behavior that led to the UOTH discharge was caused by family problems.  The applicant has not explained what those problems were.  He does not expound on what type of military assistance he sought or how he came to believe that writing dishonored checks and going AWOL were part of the solution.  The applicant also has not stated how the previously mentioned family problems have been resolved and other post military achievements.

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.  Furthermore, the type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  As indicated above, chapter 10 is a voluntary action on the part of an accused who has been charged with a crime punishable by court-martial and requires counseling by a military attorney before the accused is permitted to request discharge.  Therefore, it appears that the applicant requested the administrative discharge rather than risk the consequences of a trial by court-martial.  He provides no evidence now why that discharge should be upgraded.

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

__jhl ___  __jns_____  __mhm__  DENY APPLICATION

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

INDEX

CASE ID	AR1999031292	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000629	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  110.02		
2.   		
3.   		
4.		
5.		
6.