MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            25 March 1999
	DOCKET NUMBER:   AC98-12614
   AR1998013093

	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.	Loren G. Harrell		Director	
	Ms.	Deyon D. Battle		Analyst	

	The following members, a quorum, were present:

	Ms.	Margaret K. Patterson		Chairperson	
	Mr.	Elzey J. Arledge, Jr.		Member	
	Mr.	Lester Echols		Member	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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 an honorable discharge.

APPLICANT STATES:  That at the time of his discharge he had marital problems and he had to locate his wife.  He further states that since his discharge he has remarried and has turned his life around.  In support of his appeal, he submits a copy of a letter dated 14 January 1991, from Harmony House Incorporated indicating that the applicant was in an inpatient alcohol and drug program.  He also submits a Certificate of Achievement dated 25 July 1995, from the Portland Nurturing Community Program and a Certificate of Service dated 19 March 1987, for outstanding service to the XVIII Airborne Corps and the 20th Engineer Brigade. 

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

On 2 December 1985, he enlisted in the Army for 4 years in the pay grade of 
E-1.  He successfully completed his training as a construction equipment operator.

The facts and circumstances pertaining to the applicant's discharge are not on file.  However, the record does show that on 1 June 1987 he went AWOL and he remained absent until he was apprehended by civil authorities and returned to military control on 22 September 1987.  

The applicant was notified that charges were pending against him for being AWOL.  On 30 September 1987, after consulting with counsel, he submitted a request for discharge under the provisions of Army Regulation (AR) 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  He opted not to submit a statement in his own behalf.

The request for discharge was approved by the appropriate authority on 13 January 1988.  Accordingly, on 4 February 1988, the applicant was discharged under other than honorable conditions, under the provisions of 
AR 635-200, chapter 10, for the good of the service in lieu of trial by 
court-martial.  He had completed 1 year, 10 months and 23 days of total active service for this period of enlistment.  He had approximately 110 days of lost time due to AWOL.

On 9 April 1997, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.

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 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.  Although an honorable or general discharge is authorized, 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.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  The applicant’s achievements have been noted by the Board.  However, they are not sufficiently mitigating to warrant the relief requested.

4.  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 the aforementioned requirement.

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

__mkp __  ___eja___  ___le ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12614/AR1998013093	
SUFFIX		
RECON		
DATE BOARDED	1999/03/25	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1988/02/04	
DISCHARGE AUTHORITY	AR635-200 CHAPTER 10	
DISCHARGE REASON	IN LIEU OF COURT-MARTIAL	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.000	
2.  261	123.010	
3.  817	A92.27	
4.		
5.		
6.