MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           12 December 2002
	DOCKET NUMBER:   AR2002077622

	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. Walter Avery		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Bernard P. Ingold  		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 (UOTHC) be upgraded to an honorable discharge.

APPLICANT STATES:  That he just wants to feel better about himself and do a better job taking care of his family.  

In support of his request, the applicant submitted no statement, supporting documents or evidence of post service accomplishment.

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

He enlisted in the Regular Army on 10 February 1976, for a period of 3 years.  At the time of enlistment, he was 18 years old, had completed 11 years of school, and had an Armed Forces Qualification Test score of 54, which placed him in Mental Category III (indicating soldiers with average learning abilities).  He was trained as a medical specialist and achieved the rank of private first class.

On 25 February 1977, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice (UCMJ) for failure to go at the time prescribed to his appointed place of duty.  His punishment was reduction to private/E-2 (suspended for 90 days), forfeiture of $25.00 per month for one month, and extra duty for seven days.  He did not appeal the punishment.

On 1 August 1977, the applicant accepted non-judicial punishment for failure to go at the time prescribed to his appointed place of duty.  His punishment was extra duty for 14 days.  He did not appeal the punishment.

Charges were preferred against the applicant on 18 January 1978, charging that he did on or about 1 September 1977, without authority, absent himself and did remain so absent until on or about 30 September 1977.

On 19 January 1978, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200 (Enlisted Personnel), 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 UOTHC and that he might be deprived of many or all Army and Veterans Administration benefits.  The applicant submitted a statement on his own behalf, but do to poor copy quality, it cannot now be read.

On 13 March 1978, the appropriate authority approved the applicant’s request and directed that he be discharged with an Undesirable Discharge Certificate.
On 5 April 1978, the applicant was discharged in pay grade E-1.  He had completed 1 year, 10 months, and 24 days of creditable active service and had 125 days of lost time.

On 24 July 1989, the Army Discharge Review Board notified the applicant that his request for an upgrade of his discharge had been denied.

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.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  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, it is concluded:

1.  The applicant has submitted no issue of error or injustice.  He provided no information concerning the circumstances that led to his discharge or information or evidence of post service achievements that would help in justifying a discharge upgrade.  

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 or duress.

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 or submit persuasive argument for clemency.  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

___bpi __  ___kyf___  ____rwa _  DENY APPLICATION

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

INDEX

CASE ID	AR200277622	
SUFFIX		
RECON		
DATE BOARDED	20021212	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR 635-200, ch 10	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.