MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 September 2002
	DOCKET NUMBER:   AR2002076157

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Kenneth W. Lapin		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 discharge under other than honorable conditions (UOTHC) be upgraded to an honorable discharge (HD).

APPLICANT STATES:  Applicant provides no statement in support of his request.

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

He initially entered the Army on 21 January 1977 and was honorably discharged for the purpose of immediate reenlistment on 24 July 1979.  On 25 July 1979, he reenlisted for a period of 6 years.  He was trained and served in military occupational specialty (MOS) 11B (Infantryman), and the highest rank he attained while serving on active duty was specialist/ E-4 (SP4/E-4).

The applicant’s service record reflects a disciplinary history that includes his acceptance of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on three separate occasions for being absent without leave (AWOL), for failure to go to his appointed place of duty, and for consuming intoxicating alcoholic beverages during a training exercise.

The applicant’s discharge packet is missing from his military records and there are no available medical records that show the applicant suffered from any medically disabling condition at the time of his separation.  However, there is a properly constituted separation document (DD Form 214) on file.  This document confirms that on 19 March 1987, he was discharged UOTHC under the provisions of chapter 10, Army Regulation 635-200, for the good of the service/
in lieu of trial by court-martial.  

At the time of his discharge, the applicant had completed a total of 8 years, 
1 month, and 3 days of creditable active military service, and he had accrued 
757 days of time lost due to AWOL and confinement.

There is no evidence to show the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statue of limitations.

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 UOTHC 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, and it is concluded:

1.  The Board notes the applicant’s contention that his discharge UOTHC should be upgraded to an HD.  However, the Board finds insufficient evidence to support this claim.  

2.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the Board notes that the record contains a properly constituted DD Form 214 that contains the authority and reason for his separation.  Therefore, the Board presumes government regularity in the discharge process.

3.  The DD Form 214 confirms that the applicant was administratively discharged for the good of the service/in lieu of trial by court-martial.  Procedurally, this would have required him to consult with legal counsel after being charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  In addition, he would have had to voluntarily request separation after admitting guilt to the stipulated offense under the UCMJ.

4.  The Board is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Finally, the Board finds that the applicant’s characterization of service was appropriate based on his disciplinary history and his overall undistinguished record of service.

5.  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.

6.  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

__AAO__  __KWL__  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2002076157	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/09/24	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19870319	
DISCHARGE AUTHORITY	AR 635-200 CH 10.  .  .  .  .  	
DISCHARGE REASON	For the Good of the Service In Lieu of Trial By  CM	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.		
3.		
4.		
5.		
6.