MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:                     17 October 2000
	DOCKET NUMBER:            AR2000044173

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Barbara J. Ellis		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 “undesirable” discharge be upgraded to honorable.

APPLICANT STATES:  That his discharge is unjust because he suffered from 
severe head injuries which caused actions leading to an undesirable discharge.  He also states that he needed medical care, not expulsion from the service.  In support of his application, he submits four personal statements and a statement from his physician.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 21 June 1977.

The applicant went AWOL from Germany on 28 October 1978 and was returned to military control on 27 February 1979.  He was issued orders to return to his unit of assignment on 18 March 1979; however, he never reported to his unit and was again placed in an AWOL status.

The facts and circumstances pertaining to the applicant’s discharge are not present in the available records.  However, his DD Form 214 shows that on 29 May 1984, he was discharged under the provisions of Army Regulation
635-200, chapter 14, for misconduct-serious offense-desertion.  He was furnished an Under Other Than Honorable Discharge Certificate.  He had a total of 1 year, 4 months and 27 days of creditable service and 578 days of lost time due to AWOL prior to his scheduled expiration term of service (ETS) and 1,434 days of lost time due to AWOL subsequent to his normal ETS.

The applicant’s medical records are unavailable for review by this Board.

The applicant applied to the Army Discharge Review Board (ADRB) on
5 November 1995 for an upgrade of his discharge.  The ADRB determined that
his discharge was proper and equitable and denied his request on 27 March 1998.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor 
disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter. 

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 Board noted the applicant’s contentions that his discharge was unjust because he suffered from severe head injuries which caused actions leading to an undesirable discharge and that he needed medical care.  The Board further noted that his medical records were unavailable for review by this Board and that there is no medical evidence to show that he suffered from severe head injuries prior to his discharge.

2.  The Board noted the applicant’s extensive absences of 578 days prior to his ETS and 1,434 days subsequent to his normal ETS were too serious to be excused or to warrant relief.

3.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no procedural errors, which would tend to jeopardize his rights.  

4.  The type of separation directed and the reasons for that separation were appropriate considering all of the facts of the case.

5.  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.  

6.  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:

RVO____  LDS_____  BJE____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000044173	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001017	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19840529	
DISCHARGE AUTHORITY	AR 635-200  C, 14	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 189		
2.		
3.		
4.		
5.		
6.