MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            16 May 2000
	DOCKET NUMBER:   AR2000036893

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		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 or a general discharge.

APPLICANT STATES:  That his discharge was inequitable because it was based on one isolated incident after he had completed 6 years of service without any other adverse action ever being taken against him.  He states that he took 30 days of leave to assist his mother who had been recently divorced and was going through extremely difficult emotional and financial difficulties.  He further states that prior to taking leave he discussed his mother’s situation with his commanding officer and a noncommissioned officer and they advised him to apply for a compassionate reassignment while he was on leave.  He goes on to state that he applied for a reassignment and he was denied.  He states that he pursued all the proper channels and was faced with a difficult time trying to assist his mother and maintain his military status.  He concludes by stating that he believed he had no choice other than going on unofficial leave.

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

After completing 4 years of total active service as a calibration specialist, he reenlisted in the Army on 7 July 1980 in the pay grade of E-5.  On 23 July 1980, he was transferred to Germany.

A review of the records shows that the applicant was serving in Germany when he departed his unit on 14 March 1981 on a normal 30 day leave.  He received several extensions to his leave which modified his return date to 1 May 1981.  On 29 April 1981, applicant’s unit received a message from the 7th Infantry Division at Fort Ord, California indicating that he had been attached to that unit pending consideration of a compassionate reassignment.

On 17 June 1981, the applicant went AWOL and he remained absent until he returned to military control on 23 January 1982.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Certificate of Release or Discharge, DD Form 214, indicates that the applicant was discharged on 2 June 1982, 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 5 years, 3 months and 17 days of total active service and he had 221 days of lost time due to AWOL.

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’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.  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.

2.  The applicant’s contentions have been noted by the Board.  However, his being denied a compassionate reassignment is not a sufficient reason to go AWOL.  

3.  The evidence of record clearly shows that he was AWOL for 221 days and then he returned to military control and requested to be discharged for the good of the service in lieu of trial by court-martial.  His actions tend to show that he wished to be discharged at any cost.  Although he may now believe that he made the wrong choice, he should not be allowed to change his mind at this late date.

4.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

___ao___  ____le___  __vbc___  DENY APPLICATION

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

INDEX

CASE ID	AR2000036893	
SUFFIX		
RECON		
DATE BOARDED	2000/05/16	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1982/06/02	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	689	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  708	144.7100/A71.00	
2.		
3.		
4.		
5.		
6.