MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 November 2000
	DOCKET NUMBER:   AR2000040677

	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.  Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Brenda F. Hirschi		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 honorable.

APPLICANT STATES:  That at the time he was absent without leave (AWOL) he was psychologically unfit to serve due to family problems and the death of his father.  He contends that since 1995 he has been under psychiatric care relating to these problems, and has received treatment at Osawatomie State Hospital.
 
EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Army on 21 January 1974 for 3 years.  He completed his initial training and was assigned as a field artillery crewman (13B).  He attained the rank of specialist four (E-4) on 1 March 1976.  On 11 January 1977 the applicant was honorably released from active duty

The applicant reenlisted in the Army on 27 December 1977 for 4 years in the rank of specialist four (E-4).  Upon completion of training as a combat engineer (12B) he was assigned to Fort Hood, Texas.

On 12 April 1978 the applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for willfully disobeying a lawful order from his superior commissioned officer to get a haircut.  The punishment included reduction to private first class (E-3) and 7 days in the correctional confinement facility.

The applicant went AWOL 7 to 12 April 1978, 15 to 19 April 1978, and from       21 April to 12 November 1978.  He was dropped from the rolls effective 21 April 1978.  The applicant was returned to military control on 22 November 1978 and subsequently charged with violation of the UCMJ, Article 86, for AWOL.

On 1 December 1978 the applicant voluntarily requested to be discharged from the Army for the good of the service under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.

The applicant consulted with counsel, acknowledged the possible effects of receiving an other than honorable discharge, and elected not to make a statement in his own behalf.

The appropriate authority approved the requested separation on 12 December 1978.  On 19 December 1978 he was discharged under other than honorable conditions.  He completed 3 years, 4 months and 11 days of creditable active service and had 215 days lost time due to AWOL and confinement.

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 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 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.

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 type of discharge directed and the reason therefor were appropriate considering all the facts of the case.

3.  Neither the applicant nor the applicant’s records provide any support for his contention that he only went AWOL because he was psychologically unfit due to family problems.

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___  __ALR__  __BFH__  DENY APPLICATION

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

INDEX

CASE ID	AR2000040677	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001107	
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.	110.00	
2.		
3.		
4.		
5.		
6.