MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            31 January 2002
	DOCKET NUMBER:   AR2001062803

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Ms. Regan K. Smith		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 under other than honorable conditions (UOTHC) discharge be upgraded.

APPLICANT STATES:  In effect, that he was made to resign from the service because of a drug problem.  He contends that he did not have “trep”.

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

The applicant enlisted in the Army on 30 October 1968 and attended basic combat training (BCT) at Fort Dix, New Jersey.  While in BCT, he was AWOL from 11 January 1969 to 29 January 1969.  He was confined and punished under Article 15, Uniform Code of Military Justice (UCMJ) for this period of AWOL.  On 26 February 1969, he was punished again under Article 15, UCMJ for insubordinate conduct toward a noncommissioned officer.

On 9 May 1969, the applicant was convicted by a special court-martial of being AWOL on 8 March 1969 to 12 March 1969 and 27 March 1969 to 22 April 1969.  He was sentenced to confinement at hard labor for six months and forfeiture of $73.00 pay per month for six months.  His records contain an FBI Report, dated 18 April 1969, which shows he was arrested on 11 April 1969, by civil authorities in New York City for possession of dangerous drugs.  However, the disposition of the charge is not present in his records.

On 1 November 1969, charges were preferred against the applicant for being AWOL from 6 August 1969 to 24 August 1969 and 19 September 1969 to 12 October 1969.  He consulted with legal counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10.  In doing so, he admitted guilt to the offenses charged and acknowledged that he might encounter substantial prejudice in civilian life and that he might be ineligible for many or all benefits administered by the Veterans Administration if an undesirable discharge were issued.  The applicant did not submit a statement in his own behalf.  

On 28 November 1969, the separation authority approved the applicant’s request for discharge and directed an undesirable discharge.  Accordingly, the applicant was discharged on 4 December 1969 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 5 months and 1 day of creditable service and 246 days of lost time due to AWOL and confinement.  

On 26 August 1981, the Army Discharge Review Board (ADRB) 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 at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge under other than honorable conditions is normally considered appropriate.  However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.

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 Board noted the applicant’s contention that he was made to resign due to a drug problem; however, his 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.

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

3.  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.

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

RVO____  EJA_____  RKS____  DENY APPLICATION

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

INDEX

CASE ID	AR2001062803	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020131	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19691204	
DISCHARGE AUTHORITY	AR635-200,chapter 10	
DISCHARGE REASON	For the Good of the Service	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.0000	
2.		
3.		
4.		
5.		
6.