MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 February 2002
	DOCKET NUMBER:   AR2001060048

	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	
	Ms. P. A. Castle		Analyst	

The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Melvin H. Meyer		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 general discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that he went absent without leave (AWOL) when his request for leave to see his seriously ill mother in the hospital was denied.  He states his first sergeant told him if he went AWOL and returned he could obtain a hardship discharge.  He claims he was discharged without being given a choice or able to be present and that he just recently obtained a copy of his discharge papers and saw that he was not given a hardship discharge as he had thought.

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

The applicant enlisted for 4 years on 29 August 1975, and upon completion of basic and advanced training in March 1976, he was assigned to Hunter Army Air Field, Georgia, as a wheel vehicle mechanic.

In December 1976, the applicant received a letter of commendation for his outstanding performance of duty during a Brave Shield exercise.  In February 1977, he received another letter of appreciation for his work during an exercise.

On 10 February 1977, nonjudicial punishment was imposed against the applicant for wrongful use of provoking words.  His punishment consisted of a reduction in grade to E-2, a forfeiture in pay and extra duty.

In June 1977, the applicant began the first of two periods of AWOL.  On               16 September 1977, charges were preferred against the applicant for being AWOL from 27 June to 31 August 1977 and 2 September to 11 September 1977. The applicant consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial.  His request acknowledged he understood the nature and consequences of the undesirable discharge which he might receive.  He indicated he understood he could be denied some or all veterans' benefits as a result of his discharge and that he may be deprived of rights and benefits as a veteran under both Federal and State law.  He did not submit any statements on his own behalf.

Although the applicant's unit and battalion commanders recommended disapproval, the separation authority approved the request and directed that an undesirable discharge be issued.  On 7 October 1977, the applicant was separated under the provisions of Army Regulation 635-200, chapter 10.  He had 1 year and 10 months, and 23 days of creditable service and 76 days lost time.

The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 25 March 1980.  The request was denied.  However, this Board notes that at that time the applicant said he started going AWOL because he was being picked on; required to do dirty things that no one else had to do; and the noncommissioned officers (NCO) were unfair to him.

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.  However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.

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 records were thoroughly searched, but failed to show any documented evidence other than the applicant’s statement to support his allegation that he was to receive a hardship discharge.

3.  The applicant applied for, signed and consulted with counsel on his request for discharge for the good of the service in lieu of a trial by court-martial.

4.  The applicant’s contention that he went AWOL because his mother was seriously ill, is in contradiction to the 1980 application to the ADRB where he states he went AWOL because he was sick of the unfair treatment he was receiving.

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

___gp  __  __tap ___  ___mm__  DENY APPLICATION

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

INDEX

CASE ID	AR2001060048	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/02/21	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1977/10/07	
DISCHARGE AUTHORITY	AR 635-200, ch 10	
DISCHARGE REASON	For the Good of the Service	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.