MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           27 June 2000      
	DOCKET NUMBER:   AR2000039472

	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. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Walter T. Morrison  		Member	
	Mr. Curtis L. Greenway 		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 (UOHC) be upgraded to honorable.

APPLICANT STATES:  In effect, that his parent’s separation due to financial problems caused him personal and emotional distress while he was in the service; that the problems distracted him from his military duties and he departed in absence without leave (AWOL) status in an attempt to assist his parents; that he knew it was not the right thing to do; that his parents reconciled and are now deceased; and, that he has been married for 22 years, gainfully employed, and president of the men’s ministry of his church.  The applicant has submitted several character references with his application.

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

On 4 May 1976 the applicant was involuntarily ordered to active duty for failing to attend U.S. Army Reserve training.  He entered the active Army as a private/E-2 in military occupational specialty 64C (Motor Transport Operator) with duty at Fort Campbell, Kentucky.

The applicant’s record documents that the highest permanent rank he held on active duty was private/E-2 and the record contains no documented acts of valor, achievement, or service warranting special recognition.

On 14 July 1976 he departed AWOL and returned to duty on 19 July 1976.  There is no record of punishment for this period of AWOL in the file.

On 21 January 1977 he departed AWOL and returned to duty on 24 January 1977.  On 14 February 1977 AWOL charges were preferred against him for trial by summary court-martial.

On 17 February 1977 the applicant departed AWOL and remained so absent until he was apprehended by civilian authorities on 7 June 1977.  He was returned to duty at Fort Sill, Oklahoma. 

On 14 June 1977 he voluntarily requested discharge under the provisions of chapter 10, Army Regulation (AR) 635-200 for the good of the service in lieu of trial by court-martial.   The unit commander indicated that the applicant had too many personal problems preventing him from being a good soldier.

The applicant was separated on 6 July 1977 with a Department of Defense (DD) Form 794A (Under Other Than Honorable Conditions) Certificate.  He was credited with 1 year, 4 months and 17 days of total active military service, and 121 days lost time.

AR 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 at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge under other than honorable conditions is normally considered appropriate. 

The Army Discharge Review Board reviewed and denied the applicant’s request for upgrade on 27 February 1979.

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 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.  There is no indication that the request was made under coercion or duress.

2.  The Board noted the contentions of the applicant.  However, they are not supported by either evidence submitted with the application or the evidence of record.  The Board determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct which led to his separation. 

3.  The Board also noted the applicant's successful transition to civilian life and the many accomplishments outlined in his application and/or in the documents with his application.  However, in review of the applicant’s entire service record, the Board found that these accomplishments did not overcome the reason for discharge and characterization of service received.

4  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.

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

___mdm__  ___wtm_  ___clg__  DENY APPLICATION

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

INDEX

CASE ID	AR2000039472	
SUFFIX		
RECON		
DATE BOARDED	20000627	
TYPE OF DISCHARGE	UOHC	
DATE OF DISCHARGE	19770706	
DISCHARGE AUTHORITY	AR 635-200, C10	
DISCHARGE REASON	144.7100.0000	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1.  	144.9229.0000	
2.  	144.9307.0000	
3.  	144.0100.0000	
4.		
5.		
6.