MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            23 June 1999
	DOCKET NUMBER:   AR1999024923

	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. Margaret K. Patterson		Chairperson	
	Mr. Gary F. Geraets		Member	
	Mr. Lester Echols		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:  In effect, that he was discharged on a misunderstanding. He departed on leave for 30 days to care for his seriously ill mother who was dying and passed away on his 25th day of leave.  He also states the he called his
company commander and requested an extension due to his circumstances.  The commander informed him in foul language to return to his place of duty on time or that he would be discharged on the 31st day.  He further stated that he had no other choice in accepting his commander’s decision because he had to make all the funeral arrangements for his mother.

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

The applicant enlisted in the USAR on 2 July 1976 for a period of 6 years as a machinist.  He continued to serve until he was honorably discharged from the USAR on 2 May 1978.

After a break in service, he enlisted in the Regular Army on 17 May 1978 as a combat engineer.

The applicant departed AWOL on 9 July 1983 and remained AWOL until he surrendered to military authorities on 18 August 1983, at Fort Sheridan, Illinois.

Charges were preferred against the applicant on 24 August 1983 for being AWOL for the aforementioned period.

On 24 August 1983, he consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial, under the provision 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 VA if a discharge under other than honorable conditions were issued.  He also elected not to submit a statement in his own behalf.

On 9 September 1983, the separation authority approved the recommendation for discharge and directed that he be furnished an Other Than Honorable Discharge Certificate.  The applicant was discharged on 11 October 1983.  He had a total of 5 years, 8 months, and 10 days of creditable service and had 
30 days of lost time due to AWOL.

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

Army Regulation 635-200 sets forth the basic authority for 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 the 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 notes the applicant’s contentions that he was discharged on a
misunderstanding and that he took leave to care for his seriously ill mother who was dying and passed away; however, there is no evidence in the available records, and the applicant has provided no evidence, to support his contentions.

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 therefore 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

MKP___  GFG_____  LE______  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024923	
SUFFIX		
RECON		
DATE BOARDED	19990623	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	11 October 1983	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1  191		
2.		
3.		
4.		
5.		
6.