MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

				   

	BOARD DATE:           3 April 2001
	DOCKET NUMBER:  AR2000049326

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas F. Baxter		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 (UOHC) be upgraded to a general discharge.

APPLICANT STATES: That his absence without leave (AWOL) occurred during peacetime, was less than 6 months in duration and he voluntarily returned to military control.  He believes these are mitigating circumstances that should be considered.

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

On 2 November 1982 the applicant enlisted in the Regular Army for a period of 3 years, received training as a power generation equipment repairer, achieved the rank of private first class, and was assigned to Fort Bliss, Texas.

The applicant was charged with AWOL for the period 8 May 1984 to 10 May 1984.  He accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, on 11 May 1984 for AWOL.  His punishment consisted of reduction to pay grade E-2, forfeiture of $150.00 for one month and 14 days restriction.

The applicant was again reported AWOL on 17 May 1984 and was dropped from the rolls of the Army on 16 June 1984.

On 12 October 1984 the applicant was charged with the offense of AWOL.  Having been advised by counsel, the applicant requested discharge under the provisions of chapter 10, AR 635-200 in lieu of trial by court-martial, but declined to submit any statements in his own behalf.

On 17 October 1984, the company and battalion commanders recommended approval of the chapter 10.

On 19 October 1984, the intermediate commander recommended approval of an UOHC discharge.  The Staff Judge Advocate found the file to be legally sufficient and recommended approval of the discharge.

On 8 November 1984, the appropriate authority approved the applicant’s request for discharge and directed issuance of an UOHC discharge and a reduction in rank to private.

On 29 November 1984, the applicant was discharged from the Army after completing 1 year, 8 months and 2 days of active military service.

The applicant’s record contained no evaluations, awards or other documents to indicate the quality of his service.

On 13 November 1986 the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.

AR 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 provided no information concerning the circumstances that led to his two charges of AWOL.  He also provided no information of post service achievements or how the current discharge is adversely affecting him.

2.  Trial by court-martial was warranted by the gravity of the offenses charged.  Discharge was effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was separated.

3.  The applicant's voluntary request for separation under the provisions of AR 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.  The applicant was advised of the effects of an UOHC discharge and that he might be deprived of many or all Army and Veterans benefits.  He was afforded the opportunity to submit statements in his own behalf, but he declined to do so. 

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___wtm__  ___jtm__  ____tfb__  DENY APPLICATION

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

INDEX

CASE ID	AR2000049326	
SUFFIX		
RECON		
DATE BOARDED	20010403	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR 635-200, Chapter 10	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	144.9235	
2.		
3.		
4.		
5.		
6.	144.9223