MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:            29 April 1999
	DOCKET NUMBER:   AR1999021443

	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:

	Ms. Ann M. Campbell		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Christopher J. Prosser		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 at the time of his AWOL he was mentally ill and was not aware of his actions.  In support of his application he submits a copy of a doctor’s statement which states that he was diagnosed with chronic paranoid schizophrenia and has been under psychiatric treatment for this condition.

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

The applicant entered active duty on 22 November 1976 as a light weapons infantryman.

On 26 April 1977, nonjudicial punishment (NJP) was imposed against the applicant for possession of marijuana on 5 April 1977.  His punishment consisted of a forfeiture of pay and 14 days extra duty.

The applicant departed on ordinary leave on 12 June 1978, and failed to return on 24 June 1978, and was placed in an AWOL status effective 25 June 1978.  He remained AWOL (5 days) until he was apprehended by civil authorities in Dallas, Texas and returned to military control on 30 June 1978.

The applicant underwent a separation medical examination on 5 October 1978 and was found qualified for separation.

Charges were preferred against the applicant on 6 October 1978 for being AWOL from 15 July 1978 to 3 October 1978 (80 days).

On 11 October 1978, he consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial, under the provisions of AR 635-200, chapter 10.  In doing so, he admitted guilt to the offense charged and acknowledged that he might encounter substantial prejudice in civilian life and might be ineligible for many or all benefits administered by the Veterans Administration (VA) if a discharge under other than honorable conditions were issued.  The applicant also elected not to submit a statement in his own behalf.

On 8 November 1978, the separation authority approved the applicant’s request for discharge and directed that he be furnished an Other Than Honorable Discharge Certificate.  The applicant was discharged on 15 November 1978. 
He had a total of 1 year, 8 months and 28 days of creditable service and had a total of 85 days of lost time due to AWOL.

The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 29 November 1980.  The ADRB determined that he was properly discharged and denied his request on 28 October 1981. 

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.  The Board noted the applicant’s contentions that at the time of his AWOL he was mentally ill and was not aware of his actions; however, there is no evidence in the available records to support his contentions.  The Board also noted the applicant was afforded the opportunity to submit statements in his own behalf during the process, but declined to do so.

2.  The applicant was advised of the effects of a discharge under other than
honorable conditions and that he might be deprived of many or all Army and VA benefits.

3.  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.

4.  The type of discharge directed and the reasons therefor were appropriate
considering all of the facts of the case.

5.  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.

6.  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

AMC____  ESC____  CJP_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021443	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999049	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19781115	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 110		
2.		
3.		
4.		
5.		
6.