MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           14 October 1998 
	DOCKET NUMBER:   AC98-09940

	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. Joyce A. Wright		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. Robert W. Garrett		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:  In effect, that his discharge under other than honorable conditions be upgraded to a general discharge.

APPLICANT STATES:  In effect, that he went AWOL due to unfortunate 
personal problems which began while on leave in El Paso, Texas, and led to his attempt to apply for a compassionate reassignment at Fort Bliss, Texas.  While at Fort Bliss, he was informed that no assistance could be provided at that time, which left him no choice but to go AWOL.  While AWOL he remained in El Paso, Texas to assist with family personal matters, and which indicates that he was not running or hiding from his military obligations.  He further states that he plans on enrolling in college, and that upgrading his discharge to honorable would enhance his employment opportunities.

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

He enlisted in the USAR under the Delayed Entry Program (DEP) on
22 January 1981 for a period of 6 years.  He enlisted in the Regular
Army on 4 February 1981 for a period of 4 years.  On 5 October 1984
he reenlisted for an another 4 years and for an overseas assignment to Europe.

The applicant departed AWOL on 14 July 1985 while enroute to his overseas
assignment to Germany and was dropped from the rolls on 14 August 1985.

He remained in a deserter status until he was apprehended by civil authorities 
in El Paso, Texas on 16 May 1994 and was transferred to Fort Sill, Oklahoma.

Charges were preferred against the applicant on 20 May 1994, for being 
AWOL from 14 July 1985 to 15 May 1994 (3,228 days).

After consulting with counsel, he submitted a request for discharge for the good of the service in lieu of trial by court martial, under the provisions of Army Regulation AR 635-200, chapter 10.  He also elected not to submit a statement in his own behalf. 

The appropriate authority approved his request on 23 June 1994 and directed
that he be discharged under other than honorable conditions.

Accordingly, he was discharged under other than honorable conditions on
12 July 1994 under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He had served 4 years, 7 months, and 19 days of total active service and had 3, 228 days of lost time due to AWOL.

The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 23 March 1998.  The ADRB determined that his
discharge was proper and equitable, and denied his request on 6 August 1998.

Army Regulation 635-200 sets forth the basic authority for 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.  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 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.

2.  Careful consideration has been given to the applicant’s contention.  However, his extensive absence (3, 228 days) for which court-martial charges had been preferred against him is too serious, and his service was too undistinguished for equitable relief to be appropriate.

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.  The applicant has failed to submit evidence that would satisfy the aforementioned 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

__EW___  __RWG _  __JS____  DENY APPLICATION

						Loren G. Harrell
						Director