PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            21 August 2001
	DOCKET NUMBER:   AR2001056624

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his Certificate of Release or Discharge (DD Form 214) be corrected to show that he was awarded the Army Achievement Medal (AAM).  He also requests that his discharge under other than honorable conditions be upgraded to an honorable or a general discharge.

3.  The applicant states that he was never given the opportunity to explain what happened before he was told that he was being discharged for the good of the service.  In support of his appeal he submits a copy of the certificate awarding him the AAM on 26 June 1984 and a copy of a Service School Academic Evaluation Report showing that he successfully completed his training as a light wheel vehicle mechanic.  He also submits copies of letters of appreciation and copies of certificates for courses that he has completed while he was in the Army.

4.  The applicant’s military records show that on 1 February 1983, he enlisted in the Army for 4 years in the pay grade of E-3.  He successfully completed his training as a light wheel vehicle mechanic.

5.  His awards include the Army Service Ribbon and the Expert Qualification Badge (Rifle M-16).

6.  A review of the records show that on 26 June 1984, the applicant was awarded the AAM for meritorious achievement during the period 15 March 1984 through 30 April 1984.

7.  On 15 March 1985, the applicant was notified that charges were pending against him for being absent without leave (AWOL) from 26 December 1984 until 13 March 1985.  He acknowledged receipt of notification and, after consulting with counsel, he waived his rights and submitted a request for discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  At the time that he submitted his request for discharge, he opted not to submit a statement in his own behalf.

8.  The appropriate authority approved the request for discharge on 25 March 1985.  Accordingly, on 19 April 1985, the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  He had completed 2 years and 1 day of total active service and he had 77 days of lost time due to AWOL.

9.  On 9 November 1994, the Army Discharge Review Board denied the applicant’s request for upgrade of his discharge.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

11.  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.

CONCLUSIONS:

1.  During the preparation of the applicant’s DD Form 214 an error was made which resulted in the AAM being omitted.

2.  The evidence of record clearly shows that on 26 June 1984 he was awarded the AAM for the period covering 15 March through 30 April 1984 and his DD Form 214 should be amended to reflect this award.

3.  The Board has noted the applicant’s contentions regarding his discharge.  The Board has also considered the letters of appreciation and the certificates of completed courses that he has submitted in behalf of his appeal.  However, the record clearly shows that he chose to request an administrative discharge rather than risk the consequences of a court-martial.  At the time he submitted his request for discharge he opted not to submit a statement in his own behalf to explain his actions.  Although he may now feel that he made the wrong choice, he should not be allowed to change his mind at this late date.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by amending the DD Form 214 of the individual concerned to show that he was awarded the Army Achievement Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___be___  ___jev___  __wb____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______James E. Vick______
		        CHAIRPERSON

INDEX

CASE ID	AR2001056624	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/21	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1985/04/19	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	689	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  706	144.7017.0000	
2.  46	107.0000.0000	
3.  71	107.0025.0000	
4.		
5.		
6.