MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            23 January 2001
	DOCKET NUMBER:   AR2000045173

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O’Shaughnessy		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 an honorable discharge.

APPLICANT STATES:  That at the time of his discharge, he was informed that he could request an upgrade of his discharge.  He states that he requested to be discharged from basic training and was denied an opportunity to speak with the base commander.  He goes on to state that at the time of his enlistment he was very immature and had no direction in life.  He states that since his discharge he has been back to college and has become a hard working individual.  He concludes by stating that he was not ready for the service and that this is the one wrong thing that he has done in his life and he would now like to clear his record.

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

He enlisted in the United States Army Reserve (USAR) in Seattle, Washington on 24 March 1982, for 6 years in the pay grade of E-1.  At the time of his enlistment he was 21 years old.

Immediately upon his enlistment in the USAR he was ordered to active duty for training at Fort Leonard Wood, Missouri with a reporting date of 6 May 1982.

The records show that the applicant went absent without leave (AWOL) on 5 July 1982 and he remained absent until he was apprehended by civil authorities and returned to military control on 21 November 1982.

On 6 December 1982, the applicant was notified that charges were pending against him for being AWOL.  On 7 December 1982, after consulting with counsel, he submitted a request for discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  Along with his request for discharge, he submitted a personal statement indicating with he tried to get a trainee discharge and was not allowed to see his commanding officer.  He also stated that he wanted to get out of the Army so he could go back to college and get a job and the only thing that would have prevented him from committing the AWOL offense was if he had been granted a trainee discharge.

The request for discharge was approved by the appropriate authority on 10 December 1982.  Accordingly, on 22 December 1982, the applicant was discharged under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court martial.  He had completed 3 months and 2 days of total active service and he had 139 days of lost time due to AWOL.

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 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 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 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 administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However, the evidence of record clearly shows that he was 21 years old when he enlisted in the USAR.  He was old enough to know right from wrong and to adhere to the right.  His desire to get out of the Army so he could go to college is an insufficient justification for his act of misconduct.  He had 139 days of lost time due to AWOL; therefore, it does not appear that the type of discharge that he received was too severe.

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 this 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

__wtm __  ___ls____  ___teo __  DENY APPLICATION

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

INDEX

CASE ID	AR2000045173	
SUFFIX		
RECON		
DATE BOARDED	2001/01/23	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1982/12/22	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	689	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  689	144.7000	
2.  708	144.7100	
3.		
4.		
5.		
6.