MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 August 2001                   
	DOCKET NUMBER:   AR2001059745

	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. Nancy Amos		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 (UOTHC) be upgraded.

APPLICANT STATES:  The applicant makes no statement about his discharge.  However, he asks many questions concerning entries on his Enlisted Qualification Record, DA Forms 2 and 2-1, such as why an entry is crossed out or why the entry in one item does not match the entry in another item.  He also questions his date of rank on his Report of Separation from Active Duty, DD Form 214, (why he was demoted while he was on leave), and why item 21 (time lost) does not agree with his DA Form 2-1 and how he got 47 days excess leave. He provides no supporting evidence.  

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

He enlisted in the Regular Army on 30 October 1974.  He completed basic training and advanced individual training and was awarded military occupational specialty 44C (Welder).

The applicant departed absent without leave (AWOL) from 10 – 11 March 1975.

On 23 March 1975, the applicant signed into the 584th Maintenance Company, Fort Campbell, KY.  He requested leave because of marriage problems.  He departed on excess leave on 24 March 1975 to return on 5 April 1975.  He
was reported AWOL on 5 April 1975 and was apprehended by civilian authorities on 28 July 1975.  

On 5 August 1975, court-martial charges were preferred against the applicant charging him with AWOL for the period 5 April to on or about 28 July 1975. 

The applicant completed a separation physical examination and was found qualified for separation.

On 5 August 1975, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  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 submitted a statement in his own behalf.  He stated that he went AWOL because he could not afford to take his family to Fort Campbell with him.  He tried getting stationed closer to home but that did not work out.  

On 8 August 1975, the applicant was placed on excess leave.  

On 19 August 1975, the appropriate authority approved the request and directed the applicant receive a discharge UOTHC.
On 11 September 1975, the applicant was discharged with a discharge UOTHC, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter     10, discharge in lieu of trial by court-martial.  He had completed 6 months and     19 days of creditable active service.  His DD Form 214, item 21 shows that he had 116 days of lost time.  His DA Form 2-1, item 21 shows that he had 116 days of lost time (one period of 2 days AWOL, one period of 30 days AWOL, and one period of 84 days dropped from the rolls).

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.  A discharge UOTHC is normally considered appropriate.

Army Regulation 600-8-19 prescribes the enlisted promotions and reductions function of the military personnel system.  In pertinent part, it states that when the separation authority determines that a soldier is to be discharged from the Service under other than honorable conditions, he will be reduced to the lowest enlisted grade.

Army Regulation 630-5 prescribes policies governing various types of authorized absences.  In pertinent part, it states that the general court martial authority may authorize soldiers awaiting completion of administrative discharge proceedings an indefinite period of excess leave.  The Department of Defense Financial Management Regulation states that members in an excess leave status are not entitled to pay and allowances.

Title 10, U. S. Code, section 1552, authorizes the Secretary of the Army to correct any Army military record when the Secretary considers it necessary to correct an error or remove an injustice.

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.  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.

3.  The applicant was properly reduced to Private, E-1 on 19 August 1975, the date the approval authority approved his discharge UOTHC.  His being on excess leave at the time was immaterial.  He was on 12 days excess leave from 24 March – 4 April 1975 at his request and 35 days excess leave pending completion of his discharge in lieu of trial by court-martial.

4.  The Board’s function is to correct an error or injustice in a member’s military records.  It is not an investigative agency.  If the applicant had questions concerning entries on his DA Forms 2 and 2-1, the time to question those entries was while he was on active duty.  If he believes there is an error in his records, he should state what the error is, what the correction should be, and provide evidence to support his contention.

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

__jns___  __rtd___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2001059745	
SUFFIX		
RECON		
DATE BOARDED	20010828	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19750911	
DISCHARGE AUTHORITY	AR 635-200, ch 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.