MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:   AC9811529

	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	
	M		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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 he be restored to the rank of Sergeant E-5 and that his discharge under other than honorable conditions (UOTHC) be upgraded to honorable.

APPLICANT STATES:  That this injustice done to an honorable military family will affect their willingness to defend this honorable and great country.

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

After having prior service, he enlisted in the Regular Army on 14 February 1978. 

On 25 September 1979, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice (UCMJ) for being absent without leave (AWOL) from 27 August - 6 September 1979.

On 25 February 1980, the applicant accepted non-judicial punishment under Article 15, UCMJ for operating a privately owned vehicle while drunk and without a valid operator’s permit.

The applicant departed AWOL from 19 - 30 Nov 1981.

The applicant departed AWOL from 7 December 1981 - 10 February 1982.

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

On 10 May 1982, the applicant 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 6 years, 11 months and 22 days of creditable active service and had 88 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.

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 and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2.  Therefore, 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