MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 February 2002                            
	DOCKET NUMBER:   AR2001065803

	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. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Melvin H. Meyer		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 a general discharge.

APPLICANT STATES:  In effect, that he asked for a general discharge for the good of the service, because he was having family problems.  The military would not give him a pass to take care of those problems, so he wanted out.  

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

On 29 December 1972, the applicant enlisted in the Regular Army for 3 years.  He completed the required training and was awarded military occupational specialty 36K10 (Field Wireman).  The highest grade he achieved was pay grade E-2.

On 10 May 1973, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for being absent without leave (AWOL) from 
4 to 8 May 1973.  His imposed punishment was a forfeiture of $60.00 pay, 
10 days restriction and extra duty.   

On 30 January 1974, the applicant was convicted by a summary court-martial of two specifications of being AWOL from 1 August to 13 September 1973 and from 10 October 1973 to 23 January 1974.  He was sentenced to a forfeiture of $210.00 pay; 45 days restriction and a reduction to pay grade E-1.    

On 13 May 1974, court-martial charges were preferred against the applicant of being AWOL from 12 February to 8 May 1974. 

On 14 May 1974, a physical examination found the applicant fit for retention.

On 15 May 1974, after consulting with legal counsel the applicant voluntarily without any coercion 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 acknowledged, that he understood the elements of the offense charged.  The applicant waived further rehabilitation and was advised of the effects of a discharge under other than honorable conditions.  He acknowledged that he understood, 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 decline to do so.  

On 20 May 1974, the company commander, recommended approval of the applicant’s request for discharge under the provisions of Army Regulation 635-200, chapter 10.  The commander’s decision was based on the applicant’s reluctance to adjust to military service. 

On 21 May 1974, the appropriate authority approved the applicant’s request for discharge and directed the issuance of an Undesirable Discharge Certificate.  On 28 May 1974, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a discharge UOTHC.  He completed 9 months and 6 days of creditable active military service. 

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.  

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 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, duress or that his rights were violated in any way.

3.  The applicant alleges, that he wanted out of the military because he was having personal problems.  The Board has noted the contentions of the applicant.  While the Board is empathetic, the applicant's personal problems are not sufficiently mitigating to warrant an upgrade of his discharge.

4.  Therefore, in view of the foregoing, there is no basis for granting the applicant’s requests. 

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

__gdp___  __tap___  __mhm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001065803	
SUFFIX		
RECON		
DATE BOARDED	20020221	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19740528	
DISCHARGE AUTHORITY	AR635-200, chp10.  .  .  .  .  	
DISCHARGE REASON	A70.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.		
3.		
4.		
5.		
6.