MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 August 2000                   
	DOCKET NUMBER:   AR2000041111

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. John Saputo		Member	
	Ms. Karen A. Heinz		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 discharge under other than honorable conditions (UOTHC) be upgraded.

APPLICANT STATES:  That he was absent without leave (AWOL) for 2 weeks.  He had sick folks at home.  He knows what he did was wrong but he has changed.  He provides his DD Form 214, Report of Transfer or Discharge, as supporting evidence.

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

He enlisted in the Regular Army on 1 March 1971. 

On 22 March 1971, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for being AWOL from 12 to 20 March 1971.

The applicant departed AWOL on 3 April 1971.

A DA Form 2496-1, Disposition Form, dated 8 January 1972 prepared by an unknown agency but possibly by the Personnel Control Facility, Fort Leonard Wood, MO notes that the applicant surrendered to military control on 8 January 1972.  The remarks section of the form is partially illegible but appears to note that the applicant stated his wife was ill and that she was seeing a psychiatrist.  The applicant had stated he notified his first sergeant and that he (the first sergeant?) did not understand the problem.  

On 12 January 1972, the applicant completed a separation physical examination and was found qualified for separation.

On 14 January 1972, court-martial charges were preferred against the applicant charging him with AWOL for the period 3 April 1971 to 8 January 1972. 

On 22 January 1972, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits.  He did not submit a statement in his own behalf.

On 7 February 1972, the appropriate authority approved the request and directed the applicant receive a discharge UOTHC.

On 17 February 1972, the applicant was discharged with a discharge UOTHC, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial.  He had completed 2 months and 4 days of creditable active service and had 288 days of lost time. 

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.  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 this requirement.

2.  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.

3.  The Board notes that the applicant was AWOL for more than 2 weeks.  If he had family medical problems, he did not stay under Army control long enough to resolve those problems through Army channels.  Considering the length of his AWOL, a discharge UOTHC was and still is appropriate.

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

__mdm___  __js____  __kah___  DENY APPLICATION

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

INDEX

CASE ID	AR200004111	
SUFFIX		
RECON		
DATE BOARDED	20000810	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19720217	
DISCHARGE AUTHORITY	AR 635-200, ch 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.