APPLICANT REQUESTS:  That his discharge be upgraded to an honorable discharge.

APPLICANT STATES:  The absent without leave (AWOL) charges were an injustice.  His rights were violated.

COUNSEL CONTENDS:  That this Board consider the applicant’s contentions and examine the case based on fairness and equity and change the discharge as appropriate.

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

He enlisted in the Regular Army on 25 July 1990.  He completed basic training and advanced individual training and was awarded military occupational specialty 92A (Materiel Storage and Handling Specialist.)

The applicant received two counseling statements for failure to repair and AWOL and disrespect towards a non-commissioned officer.

The applicant received a bar to reenlistment.  He elected to submit statements in his own behalf and, when it was approved on 19 April 1993, to appeal the bar.  Neither the statement nor the appeal is available.

On 28 April 1993, the applicant was convicted by a special court-martial of AWOL from 5 - 9 February 1993; willful dereliction of duty; and making a false official statement.  He was sentenced to forfeit $400 pay for 1 month, to be reduced to pay grade E-3 and to 30 days restriction.

On 5 May 1993, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for failing to go to his appointed place of duty. 

On 20 July 1993, the applicant completed a mental status evaluation and was found to be mentally responsible and mentally capable of understanding and participating in board proceedings.

On 20 July 1993, the applicant completed a separation physical and was found qualified for separation. 

On 21 September 1993, the commander initiated separation action under the provisions of Army Regulation 635-200, Chapter 14 for misconduct. 

On 21 September 1993, the applicant acknowledged the separation action.  

On 22 October 1993, the appropriate authority approved the recommendation for separation and directed the applicant receive a general discharge.
On 5 November 1993, the applicant was discharged in pay grade of E-2 under the provisions of AR 635-200, Chapter 14 for misconduct.  He had completed     3 years, 3 months, and 7 days of creditable active service and had 4 days of lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

On 3 November 1997, 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.  The applicant has failed to submit evidence  that would satisfy the aforementioned requirement.

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations.  Considering his conviction by one special          court-martial, his Article 15 and his counseling statements, the characterization of his discharge as general is appropriate.

3.  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