MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  
	DOCKET NUMBER:  AR1999027616

	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. Loren G. Harrell		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Charles H. Loudermon		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Curtis L. Greenway 		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 conditions (UOTHC) discharge be upgraded to an honorable discharge. 

APPLICANT STATES:  In effect, that he has had a chance to reflect on the mistakes that he made.  Even though he is incarcerated he has enrolled in college and he is trying to live a productive life.  He wishes to reenlist in the military when he is released.

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

That on 27 December 1984, he enlisted in the Regular Army for a period of 3 years. He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 13B (Cannon Crewmember).

On 14 August 1985, nonjudicial punishment (NJP) was imposed against the applicant under the provisions of an Article 15, Uniform Code of Military Justice for writing two checks at the Fort Sill Officers Club (8 July 1985 and 12 July 1985), when his account contained insufficient funds.   

On 15 August 1985, the applicant departed his unit in an absent without leave (AWOL) status.  On 22 October 1985, civilian authorities in Tallahassee, Florida, apprehended him and returned him to military authorities at the Personnel Control Facility, Fort Bragg, North Carolina. 

On 30 October 1985, court-martial charges were preferred for the period of AWOL from 
15 August - 22 October 1985.  On 30 October 1985, he consulted with legal counsel and requested discharge for the good of the service, in lieu of trial by court-martial, under the provisions of chapter 10, Army Regulation 635-200.  He was advised that the offense for which he was charged could lead to a UOTHC discharge.  He stated that he understood the ramifications of a UOTHC discharge, and he declined to submit a statement in his own behalf.  On 30 October 1985, the applicant’s unit commander recommended separation with a UOTHC discharge.  On 13 November 1985, competent authority approved his request.  

On 6 December 1985, the applicant was separated with a UOTHC discharge for the good of the service-in lieu of trial by court-martial, under the provisions of chapter 10, Army Regulation 635-200.  He had completed 9 months and 3 days of active military service and he had 68 days lost time due to being AWOL. 

Evidence of record indicates that the Army Discharge Review Board denied the applicant an upgrade of his discharge on 30 June 1999.

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 was authorized, a UOTHC discharge was then considered appropriate.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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 reason for discharge was appropriate considering the facts of the case.

4.  The Board acknowledges the applicant's desire to improve his life.  However, the Board does not grant relief solely for post service achievements or good intentions.

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

CHL____  SLP_____  CLG____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999027616	
SUFFIX		
RECON		
DATE BOARDED	19990729	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19851206	
DISCHARGE AUTHORITY	AR635-200, CHAPTER 10  	
DISCHARGE REASON	For the good of the service-in lieu of trial by court-martial	
BOARD DECISION	(NC)	
REVIEW AUTHORITY	Director	
ISSUES         1.	A70.00	
2.		
3.		
4.		
5.		
6.