MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:   10 March 1999
	DOCKET NUMBER:   AR1998013657

	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	
	Mr. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston 		Chairperson	
	Ms. Meta Waller 		Member	
	Mr.  Kenneth L. Wright		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 general under honorable conditions.

APPLICANT STATES:  That the reason he went AWOL was for personal difficulties with his family; that he applied for a transfer through proper channels.  He now realizes that his actions were wrong; that his discharge has already caused him to lose his job in the private sector.  He is not requesting a discharge change to apply for benefits, only for employment purposes.  

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

He enlisted on 9 January 1979 and, after training, was assigned to Germany.

On 29 May 1980 the applicant returned to the United States on a 30-day leave.  On 26 June 1980 he was granted a 15 day extension of his leave and was ordered to return to his unit no later than 11 July 1980.  The applicant failed to return to his unit upon expiration of his leave.

On 12 July 1980 the applicant was reported AWOL by his unit commander, and was dropped from the rolls as a deserter on 9 August 1980.  On 16 September 1980 he surrendered to military authorities at Redstone Arsenal, Alabama.

On 7 October 1980 the applicant was formally charged with AWOL from 12 July 1980 to 16 September 1980.  He consulted with counsel and voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He stated that he acknowledged he was guilty of the charge against him which authorized the imposition of a bad conduct or dishonorable discharge, and that he did not desire further rehabilitation, nor had any desire for further military service.  He stated that he understood the nature and consequences of the undesirable discharge that he might receive.  He submitted a statement in his own behalf, wherein he stated that he went AWOL for financial reasons and felt he could no longer adapt to military life.

On 1 December 1980 the separation authority approved the request and directed the applicant be issued a Discharge Certificate Under Other Than Honorable Conditions.

The applicant was discharged on 15 December 1980 at Fort Bragg, North Carolina.  He had 1 year, 9 months and 3 days of creditable active service and
66 days of time lost.

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.

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

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 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.

2.  The applicant's request for a chapter 10 discharge, even after appropriate and proper consultation with a military lawyer, tends to show he wished to avoid the court-martial and the punitive discharge that he might have received.

3.  There is no evidence of record which supports the applicant’s assertion that he applied for transfer to resolve his personal problems.

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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013657	
SUFFIX		
RECON		
DATE BOARDED	19990310	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19801215	
DISCHARGE AUTHORITY	AR635-200 CH10	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.