MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            28 AUGUST 2001
	DOCKET NUMBER:   AR2001058672

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		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:  That his discharge under other than honorable conditions be upgraded to honorable or general.  

APPLICANT STATES:  The applicant made no statement.

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

The applicant enlisted in the Army for four years on 20 October 1987, completed training, and was assigned to an artillery battalion at Fort Lewis, Washington.  On 22 January 1990 he extended his enlistment in order to meet the service requirement for an accompanied overseas tour.  In May 1990 he was assigned to an artillery battery in Germany and was promoted to pay grade E-4 in July 1990. On 17 April 1991 the applicant received nonjudicial punishment under Article 15, UCMJ for breach of peace and was reduced to pay grade E-3.  

The applicant’s DA Form 2-1 (Enlisted Qualification Record) shows that he was AWOL from 20 September 1991 through 11 September 1993.  He surrendered to civilian authorities and was returned to military control on 12 September 1993. 

In an undated signed statement the applicant indicated that he had consulted with counsel and admitted the AWOL period so that he could process out of the Army.  He stated that he realized that he might be given an under other than honorable conditions discharge and that he understood the consequences of that type of discharge.  

On 17 September 1993 the applicant’s commanding officer recommended that the applicant be tried by a special court-martial.

In a 23 September 1993 memorandum through the Staff Judge Advocate to the commander of the Law Enforcement Command, the commander of the Personnel Control Facility at Fort Knox, Kentucky, apparently forwarded a request for discharge under the provisions of Army Regulation 635-200,      chapter 10.  That memorandum indicated that the applicant had not submitted a statement in his own behalf, and that he currently was on excess leave.  There is no evidence of any action taken on that request. 

The applicant was discharged on 19 November 1993 under the provisions of Army Regulation 635-200, chapter 10, under other than honorable conditions, in lieu of trial by court-martial.  He had 4 years, 1 month, and 8 days of service, and over two years of lost time.

On 18 June 2001 in an unanimous decision, the Army Discharge Review Board denied the applicant’s request to upgrade his 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 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 applicant admitted to being AWOL, and so stated in order that he could process out of the Army.  Although his request for discharge in lieu of trial by court-martial is not available, it is presumed that he made that request.  This Board also presumes administrative regularity in the processing of the applicant's discharge. There is nothing in the available records or in anything submitted by the applicant to overcome that presumption.   

2.  The applicant stated that he 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.  He was afforded the opportunity to submit statements in his own behalf, but he declined to do so.

3.  The character of the discharge is commensurate with the applicant's overall record of military service.

4.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

5.  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 that requirement.

6.  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

__JNS __  __RTD __  __DPH  _  DENY APPLICATION

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

INDEX

CASE ID	AR2001058672	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010828	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	189	
3.		
4.		
5.		
6.