MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 August 2000                   
	DOCKET NUMBER:   AR2000035873

	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	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley 		Chairperson	
	Mr. James E. Anderholm 		Member	
	Mr. Ronald E. Blakely 		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, that his General Discharge (GD) be upgraded to an Honorable Discharge (HD).

APPLICANT STATES:  In effect, that he was granted partial relief, but should have been given full relief.  He adds that it is impossible to find employment with a GD.  He provides no supporting documentation with his application.

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

He enlisted in the Regular Army for 4 years on 29 October 1985.  Upon completion of all required military training, he was awarded military occupational specialty 63H, track vehicle repairman.  He was then given successive assignments at Fort Riley, Kansas, Fort Bragg, North Carolina, and Korea.

The applicant was a 20 year old single male when he enlisted.  He married in February 1986 and a son was born on.  His son had multiple medical problems at birth and underwent a successful Nissen fundoplication.  In 1988, the applicant was alerted for assignment to Korea, but was deleted from assignment in July 1988.  He came down on orders a second time in August 1988.  Although he tried to have his orders deleted, he went to Korea in September 1988.  While in Korea, he was given emergency leave because of his son's medical condition.  He was then attached to Fort Bragg while he requested a compassionate reassignment.  His request was disapproved and he was advised concerning a hardship discharge.

The applicant was supposed to return to Korea, but was absent without leave (AWOL) instead of going back to Korea.  He remained absent from 5 January 1989 to 15 May 1989 when he returned to military control.  He was assigned to the Personnel Control Facility, Fort Knox, Kentucky, and charged with being AWOL.  On 2 June 1989, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of chapter l0, AR 635-200, in lieu of trial by court-martial.  In this request, the applicant admitted guilt to the offense and stated that he understood that he could receive an under other than honorable conditions (UOHC) discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  The applicant indicated that he would submit a statement on his own behalf, but no statement is in the record.  The unit commander and intermediate commander recommended approval of a UOHC discharge.  On 27 July 1989, the separation authority approved the discharge with a UOHC discharge.  The applicant was to be reduced to the lowest enlisted rank. 

The applicant was separated with a UOHC discharge on 11 September 1989.  He had 3 years, 6 months, and 2 days of creditable service and 131 days of lost time.

The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade.  The ADRB, after considering his case on 21 June 1991, voted to upgrade his discharge to a GD.

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.  Army policy states that although an honorable or general discharge is authorized, a discharge UOHC 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.  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 this requirement.

2.  The applicant’s discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge was upgraded by the ADRB due to the extenuating factor of the applicant's son's medical problems as a cause for his AWOL.  The Board concurs with the ADRB's decision.  The type of discharge directed is appropriate considering all the facts of the case.

3.  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

__sk____  __jea___  __reb____  DENY APPLICATION

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

INDEX

CASE ID	AR2000035873	
SUFFIX		
RECON		
DATE BOARDED	20000808	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19890911	
DISCHARGE AUTHORITY	AR 635-200 C10	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.