MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 January 2000                   
	DOCKET NUMBER:   AR1999032275

	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.

	Mrs. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Mr. John Saputo		Member	
	Mr. Allen L. Raub		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 discharge under other than honorable conditions (UOTHC) be upgraded.

APPLICANT STATES: In effect, that he injured his back while on duty; that he was having problems with his Commanding Officer and that he was unable to pay his bills.  He further stated that he accepted several pay advances totaling $3500.00  He was made to pay all monies back and was told to move back to the barracks.  He asked his CO if he could take his family back to Astoria, his reply was no, he wasn’t going to leave his family alone off post and without any money so, one weekend he loaded up the car and his family and took them to Astoria.  His car broke down and he couldn’t get back to Ft. Lewis.

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

He was born on 27 June 1958.  He completed 13 years of formal education.  On 11 February 1977 he enlisted in the Army National Guard for six years.  He was order to active duty on 4 April 1979, for 20 months and 7 days.  On 10 July 1980, he was discharged and immediately reenlisted in the Regular Army on 11 July 1980, for 3 years.

On 6 October 1980, the applicant accepted Nonjudicial Punishment  (NJP) Under
Article 15, Uniform Code of Military Justice for failing to go at the prescribed time to his appointed place of duty.  His imposed punishment was a reduction to pay grade E-3 and correctional custody for 7 days (suspended for 60 days).

On 5 June 1981, the applicant accepted NJP for disobeying a lawful order on 
26 April 1981.  His imposed punishment was a reduction to pay grade E-2, a
forfeiture of $140.00 (forfeiture suspended until 5 August 1981) and 14 days 
extra duty.  On 9 June 1981, the forfeiture of $140.00 was vacated.

On 24 June 1981, court-martial charges were preferred against the applicant for being absent without leave from 8 June o 15 July 1981.

On 24 July 1981, the applicant consulted with legal counsel and voluntarily requested a discharge under the provisions of Army Regulation 625-200, 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 under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits.  He was afforded the opportunity to submit statements in his behalf but
declined to do so.

On 17 August 1981, the appropriate authority approved the applicant’s request  and directed the issuance of a discharge UOTHC.  On 24 August 1981, 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.  He completed 2 years, 3 months and 10 days of creditable active service.

Army Regulation 635-200 sets forth the basic authority of the separation of enlisted personnel.  Chapter 10 of that regulation provided, 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.  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 provision 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.  There is no evidence in the applicant’s record to support the allegations
stated in letter.

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

5.  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

__ew____  __js_____  __alr____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999032275	
SUFFIX		
RECON		
DATE BOARDED	20000106	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19810824	
DISCHARGE AUTHORITY	AR635-200,Chap 10 .  .  .  .  .  	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.		
3.		
4.		
5.		
6.