MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  11 September 2001
	DOCKET NUMBER:  AR2001057696

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Curtis L. Greenway		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.

APPLICANT STATES:  That the conditions that led to his discharge were beyond his control and his discharge was unfair.  He also states that an officer threatened his career and he received bad advice from military legal counsel.  He submits three character reference letters in support of his request.

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

He enlisted at almost 25 years of age and entered active duty in the pay grade of E-4 on 5 August 1975, with over 4 years prior active service.  He completed training as a Lance missile crewman and was assigned to Fort Sill, Oklahoma.  He was promoted to the pay grade of E-5 effective 16 July 1976.

Effective 11 April 1977, he was honorably discharged for the purpose of reenlistment.  He reenlisted for 6 years effective 12 April 1977, and was assigned to Germany in August 1979, as a switchboard operator.  He was absent without leave (AWOL) from 31 August 1979 to 2 January 1980.

Charges were preferred on the applicant for 124 days AWOL on 25 January 1980.  After consulting with counsel, the applicant requested discharge in lieu of trial by court-martial.  In his request he acknowledged that he was guilty of the offense charged which authorized imposition of a punitive discharge.  He also stated that he had no desire for further military service and understood that he might be denied many or all Army and Veterans Administration (VA) benefits.

The separation authority, a major general, approved the request on 11 February 1980, and directed separation under other than honorable conditions at the lowest enlisted grade.  Effective 14 February 1980, the applicant was separated under other than honorable conditions under the authority of Army Regulation 635-200, chapter 10.  He had 2 years, 3 months, and 4 days creditable service on this enlistment and 124 days lost time.

The three character reference letters submitted by the applicant attest to his diligence and commitment to his employment and his friendly and compassionate character.

There is no evidence of record that the applicant applied for a discharge upgrade from the Army Discharge Review Board within the established 15-year time limit.

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.

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 evidence of record does not support the applicant’s contentions that he was threatened by a superior officer and provided bad advice by counsel.  The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and VA benefits.

2.  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.  There is no indication that the request was made under coercion or duress.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

3.  While the Board has taken cognizance of the applicant's favorable employment statements and his apparent good post-service conduct; none of these factors, either individually or in sum, warrant the relief requested.  The Board notes that the applicant was almost 28 years of age at the time of his AWOL.

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 this 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

__ca___  ___dh___  ___cg___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057696	
SUFFIX		
RECON		
DATE BOARDED	20010911	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19800414	
DISCHARGE AUTHORITY	AR 635-200, CH 10	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.