MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 July 2001
	DOCKET NUMBER:   AR2001056143

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Arthur A. Omartian		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 a general discharge.

APPLICANT STATES:  That at the time his life had become unmanageable so he used drugs and alcohol to escape reality.  He goes on to state that things had become so unbearable that psychologically he experienced a mental breakdown and sought escape by leaving the military.  He further states that had he been given a psycho-social evaluation at the time it would have shown that his decision making skills were clouded.  At the time he was serving on the demilitarized zone (DMZ) in South Korea where the life expectancy was three to five seconds, where sirens were constantly going off to put units on alert, and using drugs at the time helped him deal with the situation.  He also states that he was the oldest son of the family and his mother had experienced a mild heart attack, which added to the pressure.  After 15 years of drug abuse, he sought treatment and has been clean for 2 years and is finally starting to get his life together.  He states that he knows he was foolish to leave a career in the military and now asks the Board to recognize the seriousness of his addiction and grant him an upgrade of his discharge to help restore his life.

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

He enlisted in Philadelphia, Pennsylvania on 26 May 1981 for a period of 3 years and training as a tank turret repairer.  He was 21 years of age at the time of enlistment.

He completed his basic training at Fort Jackson, South Carolina and his advanced individual training (AIT) at Aberdeen Proving Ground, Maryland.  While at Aberdeen Proving Ground, nonjudicial punishment was imposed against him for violation of the pass policy.  His punishment consisted of a forfeiture of pay, restriction and extra duty.  He completed his AIT and was transferred to Korea on 23 February 1983.  He was advanced top the pay grade of E-4 on 1 June 1983.

On 25 January 1984, he reenlisted for a period of 5 years and assignment to Fort Belvoir, Virginia.  

He completed his tour in Korea on 21 February 1984 and was transferred to Fort Belvoir on 2 April 1984.

On 26 November 1984 he went absent without leave (AWOL) and remained absent until he was apprehended by civil authorities on 23 September 1985 and was returned to military control at Riker’s Island Correctional Facility, Queens, New York.  He was subsequently transferred to Fort Dix, New Jersey where charges were preferred against him for the AWOL offense.

Although the specific facts and circumstances surrounding his discharge are not present in the available records, his records do contain a duly constituted report of separation (DD Form 214) which shows that he was discharged under other than honorable conditions on 21 January 1986 under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He had served 3 years, 9 months, and 28 days of total active service and had 301 days of lost time due to AWOL.

There is no indication in the available records to show that the applicant 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 the 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 charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  Such a request is strictly voluntary on the part of the person who has been charged and they must indicate that they have been briefed on the consequences of accepting a discharge under other than honorable conditions and must also indicate that they have not been coerced by anyone to request such a discharge.  A discharge under other than honorable conditions is normally considered appropriate and there are no provisions for an automatic upgrade of such a 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.  In the absence of evidence to the contrary, it must be presumed that 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.

2.  Accordingly, it must be presumed that the type of discharge directed and the reasons therefore were appropriate under the circumstances.

3.  A request for discharge under Army Regulation 635-200, chapter 10, in lieu of trial by court-martial requires a voluntary request on the part of the individual concerned.  Therefore, it appears that he voluntarily requested a discharge for the good of the service in hopes of avoiding a punitive discharge and having a felony conviction on his records.  While he may now believe that he made the wrong choice, he should not be allowed to change his mind at this late date.

4.  The applicant’s contentions have been noted by the Board; however, they are not supported by the evidence submitted with his application or the evidence of record.  Accordingly, they are not sufficiently mitigating when compared to his extensive absences and his otherwise undistinguished record of service.

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___  ___jm___  ___ao___  DENY APPLICATION

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

INDEX

CASE ID	AR2001056143	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/07/31	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1986/01/21	
DISCHARGE AUTHORITY	AR635-200/CH10	
DISCHARGE REASON	GD OF SVC	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  689	144.7000/A70.00	
2.		
3.		
4.		
5.		
6.