MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 March 2000                           
	DOCKET NUMBER:   AR1999034496

	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. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Ms. Barbara J. Ellis		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 to a general discharge.

APPLICANT STATES:  In effect, that he did his best to follow all regulations.  

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

On 3 February 1972, the applicant enlisted in the Regular Army for 3 years.  He completed the required training and was awarded military occupational specialty 63B10 (Wheel Vehicle Mechanic).  The highest grade he achieved was pay grade E-4. 

On 28 August 1972, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for reckless driving on a military installation.  His imposed punishment was a forfeiture of $25.00 pay. 

On 4 June 1973, the applicant accepted an NJP under Article 15, UCMJ, for failure to go at the prescribed time his appointed place of duty.  His imposed punishment was a forfeiture of $50.00 pay and 14 days extra duty.   

On 24 January 1974, the applicant accepted an NJP under Article 15, UCMJ, for having in his possession one gram more or less of hashish.  His imposed punishment was a reduction to pay grade E-3 (suspended for 30 days), a forfeiture of $84.00 pay, 14 days restriction and extra duty.   

On 1 February 1974, the applicant accepted an NJP under Article 15, UCMJ, for operating a vehicle with an invalid registration and license plate.  His imposed punishment was a forfeiture of $75.00 pay and 7 days restriction.   

On 30 January 1975, court-martial charges were preferred against the applicant for being absent without leave from 9 June 1974 to 22 January 1975.

On 31 January 1975, after consulting with legal counsel the applicant 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 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 4 February 1975, the applicant was found fit for retention.

On 24 February 1975, the Commanding General approved the applicant’s request for discharge and directed the issuance of an Undesirable Discharge Certificate.  On 6 March 1975, 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. 

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.  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.  Therefore, 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

__bje___  __hof___  __ewl___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999034496	
SUFFIX		
RECON		
DATE BOARDED	20000330	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19750306	
DISCHARGE AUTHORITY	AR635-200, chapter 10.  .  .  .  .  	
DISCHARGE REASON	A70.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.		
3.		
4.		
5.		
6.