MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 September 2001                   
	DOCKET NUMBER:   AR2001057974

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

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

APPLICANT STATES:  In effect, that he believes his UOTHC discharge to be inequitable.  His separation was based upon one isolated incident.  He was in the military for 141/2 months and didn’t have any other adverse action.  He was absent without leave (AWOL) for approximately 1 month.  He went home on leave to visit his parents, he found them ill.  His parents died six months after his discharged.

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

On 20 November 1978, the applicant enlisted in the Regular Army for 4 years.
He completed the required training and was awarded military occupational specialty 12B10 (Combat Engineer).  The highest grade he achieved was pay grade E-2.

The applicant’s Personnel Qualification Record (DA Form 2-1) shows two periods of AWOL.  The first period was from 5 to 7 May 1979 and the second period was from 17 July to 8 August 1979.  His Certificate of Release or Discharge from Active Duty DD Form 214, item 29, (Dates of Time Lost During This Period) shows the same AWOL dates. The circumstances surrounding the AWOL’s are missing from his record.

On 6 December 1979, court-martial charges were preferred against the applicant of being AWOL from 3 September to 27 November 1979.

On 7 December 1979, the applicant consulted with legal counsel and voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter
10, for the good of the service in lieu of court-martial.  The applicant acknowledged that by submitting the request for discharge he was admitting his guilt of the charges that were preferred against him.  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 Veterans Administration benefits.  He was afforded the opportunity to submit statements in his behalf.  The applicant submitted a statement in his behalf; however, his statement is faded and can not be read.

A mental and a physical evaluation found the applicant fit for separation.

On 14 January 1980, the appropriate authority approved the applicant’s request for discharge and directed the issuance of a discharge UOTHC.  On 5 March 1980, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service.  He completed 11 months and 27 days of creditable active service and had 111 days of lost time.

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.  There is no evidence in the applicant’s record, nor has he submitted any evidence to support his allegation that his discharge was inequitable.  

3. 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 laws and regulations.  There is no indication that the request was made under coercion or duress.

4.  The type of discharge directed and the reasons therefore were appropriate
considering all the facts of the case.

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

__cla___  __clg___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057974	
SUFFIX		
RECON		
DATE BOARDED	20010911	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19800305	
DISCHARGE AUTHORITY	AR635-200, Chapter10	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.		
3.		
4.		
5.		
6.