MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            18 July 2000                  
	DOCKET NUMBER:   AR1999028910

	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. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Ms. Margaret V. Thompson		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:  In effect, a disability retirement or separation.

APPLICANT STATES:  That her discharge should be changed for medical reasons, that she was under a doctors care during her supposed period of being absent without leave (AWOL).  

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

On 18 July 1986, she enlisted in the Regular Army for a period of 3 years.  She was stationed at Fort Campbell, Kentucky and assigned to Germany in May 1988.  

In September 1988, she was admitted to a military hospital in Germany for surgery, and apparently returned to duty. 

In February 1989, she was admitted to a civilian hospital in Cincinnati, Ohio where she underwent surgery for an abdominal hysterectomy. 

On 6 March 1989, the applicant was listed as AWOL until she returned to duty on 14 August 1989.

On 1 September 1989, her commander preferred court-martial charges against her for being AWOL for the period 6 March – 13 August 1989.

On 1 September 1989, the applicant, after consulting with legal counsel, requested a discharge for the good of the service, under Army Regulation      635-200, chapter 10, in lieu of trial by court-martial.  She acknowledged that she was guilty of the charges against her.  Included in her request were statements that she had consulted with counsel, and had been fully advised of her rights and the possible effects of an under other than honorable conditions (UOTHC) discharge.  The applicant declined a separation physical.

On 10 October 1989, the appropriate separation authority approved her request and directed the issuance of a UOTHC discharge and her reduction to pay grade E-1.

On 13 November 1989, the applicant was separated with a UOTHC discharge under Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates she had 2 years, 11 months and 15 days of active Federal service, and 161 days of lost time.

On 30 October 1991, the Army Discharge Review Board upgraded the applicant’s discharge to under honorable conditions (General).   

Army Regulation 40-501, paragraph 3-3b(1), as amended, provides that for an individual to be found unfit by reason of physical disability, she must be unable to perform the duties of her office, grade, rank or rating.

Army Regulation 635-40, provides that a member who is charged with an offense for which he/she could be dismissed or given a punitive discharge may not be referred for, or continue, disability processing. 

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 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.  

2.  The applicant has failed to submit evidence that an error or injustice occurred in this case.  

3.  The evidence of record indicates she did not have any medically unfitting disability which required physical disability processing.  Therefore, there is no basis for  physical disability retirement or separation.

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

___gdp___  ___eb___  ___mvt__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999028910	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000718	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  108.00		
2.		
3.		
4.		
5.		
6.