MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            8 June 2000
	DOCKET NUMBER:   AR2000040863

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Arthur A. Omartian		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:  In effect, that he made a mistake by going AWOL; however, he did so because his mother was sick at different times and there was no one else to care for her.  He further states that he believed that he had no other choice at the time but now realizes that it was a bad mistake.  He also states that he enjoyed being in the military and serving his country and that if he could change the events that occurred in his youth, he would do so.

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

The applicant enlisted in Jacksonville, Florida on 17 October 1978 for a period of 3 years, training as an armor crewman, and assignment to Fort Benning, Georgia.

He successfully completed his training and was transferred to Fort Benning on 14 February 1979.  He was advanced to the pay grade of E-3 on 17 October 1979.

On 28 November 1979 and 21 February 1980 nonjudicial punishment was imposed against the applicant for failure to go to his place of duty.  He was also confined by civil authorities from 12 September to 16 September 1980 for failure to pay child support.  He applied for and received a waiver of the offenses for the purpose of reenlistment.  Accordingly, he reenlisted on 24 July 1981 for a period of 6 years, stabilization at Fort Benning, and a selective reenlistment bonus. 

The records also show that his commander recommended that he be disqualified for award of the Good Conduct Medal on 9 November 1981 and the applicant elected not to submit a statement in his own behalf.

He was again confined by civil authorities from 13 November to 16 November 1981. 

On 12 August 1982 nonjudicial punishment was imposed against the applicant for being AWOL from 2 August to 7 August 1982.  His punishment consisted of a reduction to the pay grade of E-3 and extra duty.

He again went AWOL on 3 September 1982 and remained absent until he was apprehended by civil authorities in Lakeland, Florida on 25 March 1983 and was returned to military control at Fort Stewart, Georgia on 31 March 1983.

The facts and circumstances surrounding the applicant’s administrative discharge are not present in the available records.  However, his records do contain a duly constituted report of separation (DD Form 214) which shows that he was discharged under other than honorable conditions on 26 May 1983 under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by       court-martial.  He had served 4 years and 5 days of total active service and had 217 days of lost time due to AWOL and imprisonment.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of the 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 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.  In the absence of evidence to the contrary, it must be presumed that 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.

2.  Accordingly, the type of discharge directed and the reasons therefore appear to be appropriate considering all of the facts of the case.

3.  The applicant’s contentions have been noted by the board; however, given seriousness of the offenses for which he was charged and his otherwise undistinguished record of service, there is no basis to upgrade his discharge.

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 that 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

__slp____  __ao____  ___lm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000040863	
SUFFIX		
RECON		
DATE BOARDED	2000/06/08	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1983/05/26	
DISCHARGE AUTHORITY	AR635-200/CH10	
DISCHARGE REASON	689	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  689	144.7000/A70.00/GD OF SVC 	
2.		
3.		
4.		
5.		
6.