MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:            10 March 1999  
	DOCKET NUMBER:   AR1999019874

	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. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Kenneth L. Wright		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 discharge under other than honorable conditions be upgraded to honorable.  

APPLICANT STATES:  In effect, that his discharge should be upgraded based on his present medical condition (seizure disorder) and his inability to obtain gainful employment.  He also contends that he was young, immature and made some mistakes in the military; however, his major problem in the military was his alcohol addiction.  He goes on to state that he is dealing with his alcohol problem, he has matured and is a responsible individual.  He claims the past
15 plus years have been very hard because he is unable to obtain gainful employment due to his discharge and seizure disorder.  In support of his application, he submits a copy of VA Form 21-4138 (Statement in Support of Claim) dated 12 October 1998 and two letters attesting to his medical condition.

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

The applicant enlisted under the delayed entry program and entered active duty on 3 January 1980 for a period of 3 years.  He successfully completed his training and was transferred to Fort Stewart, Georgia, for duty as a food service specialist.

On 28 July 1980 nonjudicial punishment was imposed against the applicant for being AWOL from 7 July 1980 until 18 July 1980.  His punishment consisted of a reduction to pay grade E-1, a forfeiture of pay and 14 days of restriction and extra duty. 

On 16 October 1980 he went AWOL and remained absent until he was apprehended by civil authorities and returned to military control on 5 August 1981.

Charges were preferred against the applicant for the aforementioned AWOL on 11 August 1981.  

The facts and circumstances surrounding the applicant’s discharge are not contained in the available records; however, his records show that he was discharged under other than honorable conditions on 9 September 1981, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He had served 9 months and 23 days of total active service with
295 days of lost time due to AWOL.

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 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 an in conformance with applicable regulations.

2.  The applicant’s contentions have been noted by the Board.  However, they are not supported by the evidence submitted with his application or the evidence of record and his undistinguished record of service is not sufficiently mitigating to warrant relief.  

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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999019874	
SUFFIX		
RECON		
DATE BOARDED	1999/03/10	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	1981/09/09	
DISCHARGE AUTHORITY	AR635-200 CHAPTER 10  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  189	 	
2.  835	 	
3.  562	 	
4.  821	 	
5.	    	
6.