APPLICANT REQUESTS:  That his discharge under other than honorable conditions (UOTHC) be upgraded to honorable and that his college fund benefits be returned to him.  

APPLICANT STATES:  In effect, that his discharge was unjust.  He had injured his shoulder during his final jump in Jump School and it was never properly cared for.  He felt he had no choice but to go absent without leave (AWOL).

EVIDENCE OF RECORD:  The applicant’s military records are not available.  Information herein was obtained from alternate sources.

He was born on 22 June 1968.  He completed 12 years of formal education.  He enlisted in the Regular Army on 11 June 1987.  He completed basic training and advanced individual training and was awarded military occupational specialty 11C (Indirect Fire Crewman). 

The applicant’s medical records are not available.

The applicant departed AWOL from 6 October - 6 November 1988.

The court-martial charges and the discharge proceedings packet are not available.

The applicant’s DD Form 214 is available.  On 28 December 1988, he was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 10, for the good of the service with a discharge UOTHC.  He had completed 1 year, 5 months and 16 days of creditable active service and had 31 days of lost time.

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.

On 20 March 1998, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgraded discharge.

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 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.

2.  In the absence of evidence to the contrary, it is presumed that the applicant’s voluntary request for separation under the provisions of Chapter 10, Army Regulation 635-200, for the good for the service, to avoid trial by court-martial, was administratively correct and in conformance with law and regulations applicable at the time.

3.  While the applicant’s medical records are not available, he also has not supplied any evidence to support his claim that he injured his shoulder and was treated for that injury while on active duty.

4.  Education benefits are a Veteran’s Affairs-controlled program and have no relation to the applicant’s separation.  The applicant may consider submitting a request through his servicing Veteran’s Affairs Office for return of his benefits.

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