MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 April 2002                   
	DOCKET NUMBER:   AR2001065577

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Donald P. Hupman, 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 under other than honorable conditions discharge be corrected to a medical discharge.

APPLICANT STATES:  In effect, that he was infected with Hepatitis (Viral) and he was not cured.  He was told that his life expectancy was shortened and that he would have various medical problems that would affect him later in life.  He believes that the cerebral effect of the Hepatitis was the cause of his actions that led to his discharge.  The applicant submits researched information concerning the cerebral effect of Hepatitis and copies of his clinical record in support of his application.

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

After having had prior honorable active service and reserve service the applicant enlisted in the Regular Army on 13 June 1975, for 4 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B10 (Infantryman).

The applicant was assigned to Company C, 3rd Battalion, 60th Infantry, 9th Infantry Division, Fort Lewis, Washington, as a grenadier.  

The applicant provides a copy of the Clinical Record Cover Sheet (DA Form 3647), which shows that he was admitted to Madigan Army Medical Center, Tacoma, Washington on 25 August 1975, for treatment of Hepatitis.  The form also shows that the applicant was place on convalescent leave from 
17 September to 7 October 1975.  He was returned to duty after the expiration of his convalescent leave.

On 8 July 1976, the applicant was reported absent without leave (AWOL).  He was returned to military control on 18 October 1976.

On 22 October 1976, court-martial charges were preferred against the applicant for being AWOL from 8 July to 17 October 1976.

On 28 October 1976, the applicant consulted with legal counsel and 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 submitted a statement in his behalf.  The applicant stated in effect, that he went AWOL because he was only allowed 5 weeks leave and that he had a drug problem.  He also stated that he wanted out of the military and if returned to duty he could not guarantee his actions. 

On 27 October 1976, a mental and physical evaluation found the applicant qualified for separation.

On 3 November 1976, the applicant was evaluated by the Rehabilitation Center, at Fort Ord, California.  The applicant was interviewed, screened for psychological manifestations, give urinalysis testing and prior facts and prior program involvement was taken into account.  The evaluation determined that the applicant was not drug dependent at that time.  

On 19 November 1976, the appropriate authority approved the applicant’s request for discharge and directed the issuance of an Undesirable Discharge Certificate. 

On 30 November 1976, the applicant was discharged in pay grade E1, under the provisions of Army Regulation 635-200, chapter 10 for the good of the service with a discharge UOTHC.  During this period of service he had completed 1 year, 
2 months and 6 days of creditable active service and he had 102 days of time lost.

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 at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trail by court.  A discharge UOTHC is normally considered appropriate.

Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  The regulation defines “physically unfit” as unfitness due to physical disability.  The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.

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 this requirement.

2.  The evidence available to the Board shows that the applicant was treated for Hepatitis.  However, there is no medical evidence and the applicant has not provided any evidence that would warrant medical processing.  In fact the applicant stated on his separation physical that he was in good health.

3.  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.

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

__rvo___  __rjw___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2001065577	
SUFFIX		
RECON		
DATE BOARDED	20020409	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19761130	
DISCHARGE AUTHORITY	AR635-200, Chapter 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.		
3.		
4.		
5.		
6.