MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            8 March 2001                            
	DOCKET NUMBER:   AR2000050790

	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	
	Mrs. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. William D. Powers		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:  In effect, that his discharge under other than honorable conditions (UOTHC) be upgraded to a general discharge.

APPLICANT STATES:  In effect, that the majority of his service was honorable, however there was a personality conflict between him and his supervisor, who was preventing him from getting promoted.  He was disgusted with the unfair treatment, therefore he went absent without leave (AWOL) on several occasions. He believes that he was not getting assistance from senior personnel in his chain of command and at the time of his discharge, it just so happen that the supervisor that he had the personality conflict with was court-martial and sent to Fort Leavenworth, Kansas for the distribution of drugs.   .

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

On 22 May 1978, the applicant enlisted in the Regular the Army for 3 years.  He successfully completed the required training and was awarded military occupational specialist 94B10 Food Service Specialist.  The highest grade he achieved was pay grade E-3.

On 5 April 1979, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for stealing $40.00 from a fellow soldier and for being absent without leave (AWOL) from 2 to 4 April 1979.  His imposed punishment was a reduction to pay grade E-2, to be place in a correctional custody facility for 30 days (15 days suspended) and a forfeiture of $233.00 pay.    

On 18 July 1979, the applicant accepted NJP under Article 15, UCMJ, for being AWOL from 9 to 14 July 1979.  His imposed punishment was a reduction to pay grade E-1, a forfeiture of $42.00 pay (suspended for 60 days), 14 days extra duty and 7 days’ restriction.   

On 10 July 1980, the applicant was convicted by a summary court-martial of two specifications of being AWOL from 11 to 14 May 1980 and of two specifications of failure to go to his appointed place of duty without proper authority.  He was sentenced to a forfeiture of $244.00 pay and confinement at hard labor for 
30 days.    

The applicant’s military record indicates that he went AWOL on 22 May and was returned to military control on 1 June 1980.  The particulars surrounding the incident are missing from his files.  

On 5 September 1980, court-martial charges were preferred against the applicant of AWOL from 30 July 1980 to 4 March 1981.

On 7 April 1981, the applicant was found fit for retention.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Certificate Of Release or Discharge From Active Duty, DD Form 214, indicates that the applicant was discharged on 21 April 1981, under Army Regulation 635-200, chapter 10, for the good of service, conduct triable by court-martial and was issued a discharge UOTHC discharge. 

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.  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.

2.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with his overall record.

3.  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

__rwa___  __bjl___  __wdp___  DENY APPLICATION

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

INDEX

CASE ID	AR2000050790	
SUFFIX		
RECON		
DATE BOARDED	20010308	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19810421	
DISCHARGE AUTHORITY	AR635-200,chp10 .  .  .  .  .  	
DISCHARGE REASON	A70.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.	144.7100	
3.		
4.		
5.		
6.