MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  26 February 2002
	DOCKET NUMBER:  AR2001063968

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Raymond J. Wagner		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.

APPLICANT STATES:  In effect, that he can not get medical treatment as a veteran without an upgrade of his discharge.

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

He enlisted as a minor with his mother’s consent and entered active duty on 17 November 1972.  His mental category test is shown as group IV with a score of 29.  He completed training as a clerk typist and was assigned to Fort Lewis, Washington.

The applicant was AWOL from 28 June to 1 July 1973, and from 9 to 13 July 1973.  He was punished under Article 15, Uniform Code of Military Justice (UCMJ), for the AWOL offenses.  He was punished under Article15, UCMJ, on 30 July 1973 for absence from his place of duty.  He was punished under Article15, UCMJ, on 13 August 1973 for appearing in an improper uniform.  He was punished under Article15, UCMJ, on 7 February 1974 for possession of marijuana.

The facts and circumstances leading to his discharge are no longer in the available record.  On 17 October 1974, orders were issued assigning the applicant to the transfer point for separation.  The authority cited was Army Regulation 635-200, chapter 10.  On 24 October 1974, orders were issued that discharged the applicant under other than honorable conditions.

Effective 25 October 1974, the applicant was discharged under the authority of Army Regulation 635-200, chapter 10, conduct triable by court-martial.  He had 1 year, 11 months, and 2 days creditable service and 7 days lost time.

There is no evidence of record that he applied to the Army Discharge Review Board for an upgrade of his discharge within the 15-year time limit.

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 the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with his overall record.

2.  While the Board is empathetic, the applicant's personal problems are not sufficiently mitigating to warrant an upgrade of his discharge.

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

__jl___  __rd____  __rw____  DENY APPLICATION

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

INDEX

CASE ID	AR2001063968	
SUFFIX		
RECON		
DATE BOARDED	20020226	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19741025	
DISCHARGE AUTHORITY	AR 635-200, CH 10.	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.