MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:          21 December 2000
	DOCKET NUMBER:  AR2000043746

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ernest W. Lutz Jr.		Member	
	Ms. Gail J. Wire		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 under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge (HD). 

APPLICANT STATES:  In effect, that he has been discharged for 7 years and he believes that an HD will enable him to get a better job.  

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

That on 7 May 1991, he enlisted in the Regular Army for a period of 4 years and training in military occupational specialty (MOS) 76C (Equipment Records and Parts Specialist).  He completed basic and advanced individual training and on 24 September 1991, he was assigned to Korea.

On an unknown date in 1992, the applicant departed his unit at Camp Casey, Korea in a regular leave status.  He went into an absent without leave (AWOL) status on 30 April 1992, when he did not return to his unit.  On 2 March 1993, he was returned to military control at the US Army Personnel Control Facility, Fort Dix, New Jersey. 

On 12 March 1993, court-martial charges were preferred against him for the previously mentioned period of AWOL.  

On 12 March 1993, the applicant consulted with legal counsel and requested discharge for the good of the service, in lieu of trial by court-martial, under the provisions of chapter 10, Army Regulation 635-200.  He was advised that the offense for which he was charged could lead to a UOTHC discharge.  He authenticated a statement in which he acknowledged that he understood the ramifications of receiving a UOTHC discharge.  He indicated in a statement that he submitted in his own behalf that he had personal problems and that his unit denied his request to extend his leave.  Further, he stated that his fiancé was pregnant, he had some problems that he needed to work out with his mother and that he was in a state of denial and depression.  He felt that returning to Korea would be a waste of his own time and a waste of the Army’s time and money.  On 3 April 1993, he declined to be scheduled for a medical examination.

Both his unit and intermediate commanders recommended that his request be approved with a UOTHC discharge.  On 23 June 1993, competent authority approved his request for discharge with a UOTHC characterization of service.

On 14 July 1993, he was separated with a UOTHC discharge by reason of an administrative discharge for the good of the service in lieu of court-martial, under the provisions of chapter 10, Army Regulation 635-200.  He had completed 1 year, 
4 months and 5 days of active military service and he had 306 days lost time due to being AWOL. 

On 9 September 1998, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge. 

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 UOTHC discharge 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 then in effect.  There is no indication that the request was made under coercion or duress.

3.  Therefore, the type of discharge directed and the reason for discharge was appropriate considering the facts of the case.

4.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.

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

__kak___  __ewl____  __gjw___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043746	
SUFFIX		
RECON		
DATE BOARDED	20001221	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19930714	
DISCHARGE AUTHORITY	AR635-200, CHAPTER 10  	
DISCHARGE REASON	A70.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.		
3.		
4.		
5.		
6.