MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            21 July 1999
	DOCKET NUMBER:   AR1999019173

	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. Deyon D. Battle		Analyst	

	The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Robert G. Hinkle		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 undesirable discharge be upgraded to an honorable or a general discharge.

APPLICANT STATES:  In effect, that he was addicted to drugs and alcohol and he was going through a divorce at the time that he committed his offenses. 

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

On 5 January 1976, he enlisted in the Army for 4 years in the pay grade of E-1.  He successfully completed his training as an infantryman.  

Nonjudicial punishment (NJP) was imposed against the applicant on 20 July 1977, for wrongful possession and use of marijuana.  His punishment consisted of a forfeiture of pay and extra duty.

He was honorably discharged on 20 September 1978, after he completed 2 years 8 months and 16 days of total active service.  He reenlisted in the Army for 5 years on 21 September 1978.

On 27 October 1978, NJP was imposed against the applicant for being AWOL from 10 October until 12 October 1978.  His punishment consisted of a reduction in pay grade, extra duty and restriction.

He went AWOL on 8 March 1979, and he remained absent until he surrendered himself to military authorities on 6 November 1979.

The records show that he went AWOL again on 7 November 1979, and he remained absent until he was apprehended by civil authorities and returned to military control on 15 January 1980.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Certificate of Release or Discharge, DD Form 214, indicates that the applicant was discharged on 26 September 1980, under the provisions of Army Regulation 635-200, Chapter 10 for the good of the service in lieu of trial by court-martial for conduct triable by court-martial.  He had 3 years, 3 months and 13 days of total active service and he had approximately 312 days of lost time due to AWOL.  He was issued a discharge under other than honorable conditions. 

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

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 submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  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.  In the absence of evidence to the contrary, it must be presumed that the applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  Accordingly, the type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However, they are not supported by either evidence submitted with the application or the evidence of record.  The record clearly shows that he submitted a request for discharge after being AWOL.  It appears that his service was appropriately characterized.

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

__rgh ___  __ja ____  __cb  ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999019173	
SUFFIX		
RECON		
DATE BOARDED	1999/07/21	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1980/01/15	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	689	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  708	144.7100/A71.00/Triable by CM: AWOL	
2.  673	144.6770/A67.70/Misconduct-illegal use of drugs	
3.		
4.		
5.		
6.