MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 August 2000
	DOCKET NUMBER:   AR1999034525

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Calvin M. Fowler		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 an honorable discharge.

APPLICANT STATES:  That he requested to be discharged from the service because he believed that he would go to jail and would probably end up with a bad discharge (dishonorable).  He also states that he was told by his counsel that requesting a chapter 10 discharge was the best option.  In support of his appeal, he submits an undated memorandum explaining how he felt while he was in the Army and how his life has changed.  He also submits a letter dated 18 November 1999 from the elder and pastor of his church, a letter also dated 18 November 1999 from the church counselor and a letter dated 17 November 1999 from the senior instructor of a high school attesting to his character and good post-service conduct.

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

On 3 January 1979, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as an infantryman.  He was promoted to the pay grade of E-2 on 3 July 1979 and to E-3 on 3 January 1980.

Nonjudicial punishment (NJP) was imposed against the applicant on 19 January 1980, for failure to go to his appointed place of duty.  His punishment consisted of a reduction in pay grade, a forfeiture of pay, restriction and extra duty.

On 2 February 1980, NJP was imposed against him for failure to be at his appointed place of duty.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

On 7 April 1980, charges were preferred against the applicant and he was referred to trial by a special court-martial.  He was charged with unlawfully striking another soldier in the face with his fist, unlawfully assaulting another soldier by shoving him in the chest with his hands, breaking restriction and communicating a threat to two other soldiers.

On 18 April 1980, after consulting with counsel, he submitted a request for discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the service, in lieu of trial by court-martial.  Along with his request for discharge he submitted a statement in his own behalf in which he indicated that he had no desire to be tried by court-martial because he believed he would end up in jail with a bad discharge.  He indicated that he had no desire to remain in the Army.

The appropriate authority approved the request for discharge on 25 April 1980.  Accordingly, on 7 May 1980, the applicant was discharged under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  He had completed 1 year, 3 months and 10 days of total active service.

On 20 April 1982, the Army Discharge Review Board denied the applicant’s request for an upgrade of his 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's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  While the Board has taken cognizance of the applicant's good post-service conduct, it is not sufficiently mitigating to warrant the relief requested.

4.  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 this requirement.

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

____js___  __esc___  __cmf___  DENY APPLICATION

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

INDEX

CASE ID	AR1999034525	
SUFFIX		
RECON		
DATE BOARDED	2000/08/03	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1980/05/07	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	689	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  731	144.7110	
2.  716	144.7300	
3.		
4.		
5.		
6.