MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  9 November 2000
	DOCKET NUMBER:  AR2000047675

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. Orville W. Troesch		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 her discharge under other than honorable conditions (UOTHC) be upgraded.

APPLICANT STATES:  In effect, that her behavior was due to post traumatic stress brought on by childhood sexual abuse.  An Army psychiatrist advised her that she had problems, but no medication was ever given and she feels the Army was honor bound to give complete medical assistance.  Now, after years of therapy she is ready to defend her behavior.  

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

She enlisted in the Regular Army as a private E-1 on 19 March 1980 and completed basic training.

On 12 August 1980, her duty status was changed to AWOL.  She surrendered to the Headquarters and Medical Company, Fort Sill, Oklahoma on 24 October 1980.

She was reported AWOL on 18 November 1980 and did remain so absent until her return to military control on 7 January 1981.

On 9 January 1981, she was charged with two specifications of AWOL.  On the same day after consulting with legal counsel, the applicant voluntarily requested discharge for the good of the service.  She elected not to submit a statement on her own behalf and acknowledged she understood the possible effect of a UOTHC discharge and the results of the issuance of such a discharge.

On 13 January 1981, the appropriate authority approved her request for discharge and directed that a UOTHC discharge be furnished.

She was separated on 14 January 1981, under the provisions of Army Regulation 635-200, chapter 10, Administrative Discharge Conduct Triable by Court-Martial.  She had a total of 5 months and 24 days net service, and 4 months and 1 day of lost time due to AWOL.

The applicant’s records do not show she applied to the Army Discharge Review Board (ADRB) within the 15 years from the date of her discharge.  Since her eligibility to apply to the ADRB had expired her case was forwarded to the Army Board for Correction of Military Records for consideration.

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 at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge UOTHC is normally considered appropriate.

Paragraph 3-7 of this regulation provides that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be inappropriate.

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 view of the circumstances in this case, the applicant is not entitled to an upgrade of her discharge.  She has not shown error, injustice, or inequity for the relief she now requests.  

2.  Her contentions that post traumatic stress impaired her ability to serve and that an Army psychiatrist told her she had problems but never gave her any medication have been noted by the Board.  However, the applicant’s records do not show she sought medical treatment nor was under psychiatrist care during her period of service.  The applicant has submitted neither probative evidence nor a convincing argument in support of the request.

3.  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.

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

__jp__  ___bl____  __ot______  DENY APPLICATION

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

INDEX

CASE ID	AR2000047675	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001109	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	A70	
2.		
3.		
4.		
5.		
6.