MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            16 December 1999
	DOCKET NUMBER:   AR1999028759

	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:

	Mr. Fred K. McCoy		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Stanley Kelley		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 a general discharge.

APPLICANT STATES:  That he was under mental stress and physical limitations and that his medical condition was service-connected.  In support
of his application he submits copies of extracts from his medical records and 
a copy of a discharge interview with a chaplain, the Chief of Clinical Pastoral Services.

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

He entered active duty on 4 February 1981 as a dental specialist.

The extracts provided by the applicant show that he was seen on 1 December 1983 at the Ireland Army Hospital for complaints of back pain.  He also indicated that he was involved in an automobile accident in October 1983 and complained
of numbness in his right leg.  

On 16 January 1983, the applicant met with a chaplain.  The applicant stated he was having difficulty in dealing with mortality issues following a very serious automobile accident.  He also stated that his difficulties were centered around his fear of death and how it related to his very strong family dependency bond.  The chaplain concluded that the applicant’s combination of physical, emotional, and spiritual problems and their negative effect on his goals and work performance, that he should be released from the military expeditiously. 

On 20 January 1984 the applicant was given a temporary profile for 30 days with assignment limitations of no running and no lifting of over 25 pounds. 

On 22 January 1984, he departed AWOL and remained absent until he surrendered to military authorities at Fort Knox, Kentucky on 30 March 1984.

On 30 March 1984, the applicant declined to undergo a medical examination.

Charges were preferred against the applicant on 3 April 1984 for being
AWOL from 22 January 1984 to 30 March 1984 (67 days).

On 5 April 1984, 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 April 1984, 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 26 April 1984.  He had a total 
of 3 years and 15 days of creditable service and had a total of 68 days of lost time due to AWOL.

The applicant’s medical records are unavailable for review by this Board.

The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 21 June 1993.  The ADRB determined that his discharge was proper and equitable and denied his request on 6 June 1996.

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 noted the applicant’s contentions that he was under stress and physical limitations and that his medical condition was service-connected.  The
Board also noted that the applicant was seen at the Ireland Army Hospital for chronic back pain, pain in his right leg and was given a temporary profile.  He 
was also seen by the chaplain who indicated that he was having difficulty in dealing with mortality issues following a serious automobile accident.  The Board further noted that the applicant declined to undergo a medical examination, that there was no evidence to show that he had any medical condition that was service-connected and that he was afforded the opportunity to submit statements in his own behalf during the process, but declined to do so.  In view of the foregoing, the Board determined that he was properly discharged and that there was no inequity or injustice which warranted upgrading of his discharge.

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

FKM____  RVO____  SK______  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999028759	
SUFFIX		
RECON		
DATE BOARDED	19991216	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19840426	
DISCHARGE AUTHORITY	AR 635-200  C, 10	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1  191		
2.		
3.		
4.		
5.		
6.