MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:            30 June 1999
	DOCKET NUMBER:   AR1999022315

	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. George D. Paxson		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John P. Infante		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 an honorable discharge.

APPLICANT STATES:  That at the time of his discharge he had a psychological evaluation and he was promised an honorable discharge because of his mental condition.

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

On 2 May 1980, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his basic combat training; however, he was unsuccessful at completing his advanced individual training.

The applicant went AWOL on 6 August 1980 and he remained absent until he returned to military control on 20 April 1982.  At the time of his surrender, he submitted a statement indicating that he went AWOL because he had family problems and that he could not take being in the Army anymore.  He also stated that he had talked to doctors, sergeants and a captain prior to going AWOL.

On 23 April 1982, the applicant was notified that charges were pending against him for being AWOL.  After consulting with counsel, he submitted a request for discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  In his request he acknowledged that he understood the effects of an under other than honorable conditions discharge.

The request for discharge was approved by the appropriate authority on 28 April 1982.  Accordingly, on 7 June 1982, the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  He had completed 4 months and 22 days of total active service and he had 622 days of lost time due to AWOL.

A review of the available records fails to show that the applicant was ever diagnosed as having a mental condition while he was on active duty.

There is no evidence that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within it’s 15-year 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.  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.  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.  He had 622 days of lost time as a result of being AWOL and 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

__gp____  __ao____  __jpi____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022315	
SUFFIX		
RECON		
DATE BOARDED	1999/06/30	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1982/06/07	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	708/conduct triable by CM: AWOL	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  689	144.7000/req discharge for good of svc	
2.		
3.		
4.		
5.		
6.