MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            13 March 2001     
	DOCKET NUMBER:   AR2000048149

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Donald P. Hupman		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 discharge be upgraded to an honorable discharge.

APPLICANT STATES:  In effect, that he had a lot of personal and financial problems which impaired his ability to serve in the Army.  He states that as a result of his problems he began to drink and sank into depression which ultimately led to his divorce and thoughts of suicide.  He states that he “just ran away instead from [his] problems and the Army.”  He contends that he is trying to get his life back together and would like to “go back and erase all [his] mistakes but can’t.”  He submits no evidence in support of his request.

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

He served an initial period of active duty with the Air Force between 1987 and 1990.  On 22 July 1991, at the age of 24 he enlisted in the Army and entered active duty.  He successfully completed basic and advanced individual training, was promoted to pay grade E-2 and assigned to Fort Stewart, Georgia.

In November 1991 he was retained in the Army after obtaining a waiver for having fraudulently enlisted in the Army by failing to reveal that he was under “indictment for issuance of [a] worthless check in Roosevelt County, New Mexico.”  His retention was based on restitution of funds and charges being dropped.

On 2 June 1992 the applicant departed AWOL (absent without leave).  He returned to military control on 24 September 1992.

When charges were preferred, the applicant consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial.  His request acknowledged he understood the nature and consequences of the under other than honorable conditions discharge which he might receive.  He indicated he understood he could be denied some or all veterans' benefits as a result of his discharge and that he may be deprived of rights and benefits as a veteran under both Federal and State law.  The statement submitted by him on his own behalf indicated that he had successful service in the Air Force but that “going into the Army was a shock” and he was unable to deal with the Army’s “policy, rules, regulations and daily activities.”  He noted that he regretted being 
AWOL but that he had started his own business while in an AWOL status and asked that he be granted a general discharge.

On 23 October 1992, at the applicant’s request, he was placed in an excess leave status pending resolution of his administrative discharge action.

On 1 December 1992 the separation authority approved the request and directed that an under other than honorable conditions discharge be issued.  On 
19 February 1993 the applicant was discharged.

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 under other than honorable conditions is normally considered appropriate.

In February 2001 the Army Discharge Review Board denied the applicant’s petition to upgrade his discharge.

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 has noted the contentions of the applicant.  However, they are not supported by either evidence submitted with the application or the evidence of record.  The discharge process was in accordance with applicable law and regulations and the applicant’s service was appropriately characterized.

2.  The applicant’s honorable service in the Air Force and nearly 12 months of honorable Army service prior to departing AWOL is an indication that the applicant was capable of honorable service.

3.  The evidence also confirms the applicant voluntarily requested an administrative separation, knowing the consequences of that decision in order to avoid a court-martial and the punitive discharge he might have received.

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 that 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

__jh____  ___jtm__  ___dph__  DENY APPLICATION

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

INDEX

CASE ID	AR2000048149	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010313	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.