MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           6 December 2001                           
	DOCKET NUMBER:   AR2001060333

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn 		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Harry B. Oberg		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 uncharacterized discharge be upgraded to an honorable discharge. 

APPLICANT STATES:  The applicant makes no contentions.

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

That on 3 September 1991, he enlisted in the Regular Army for 4 years and training in military occupational specialty (MOS) 77F (Petroleum Supply Specialist).  On the same date, he was assigned to Fort Leonard Wood, Missouri for basic training.

On 25 September 1991, the applicant absented himself from his unit without leave (AWOL) and he remained AWOL until he surrendered to military control at Fort Hamilton, New York, on 27 October 1991.  On the same date, he was transferred to the Personnel Control Facility, Fort Dix, New Jersey.

On 31 October 1991, the applicant authenticated a statement indicating that he did not desire a separation medical examination.  

On 5 November 1991, court-martial charges were preferred against the applicant for the above period of AWOL.  On the same date, he consulted with legal counsel and requested discharge for the good of the service in lieu of trial by court-martial under the provisions of chapter 10, Army Regulation 635-200.  He was advised that he could receive an under other that honorable conditions (UOTHC) discharge.  He acknowledged that he understood the ramifications of receiving a UOTHC discharge.  He did not submit a statement in his own behalf.

On 3 December 1991, the applicant’s unit commander recommended that his request for discharge be approved with an uncharacterized discharge.  On 
10 February 1992, the separation authority approved separation with an uncharacterized discharge.

On 18 March 1992, the applicant was discharged under the provisions of chapter 10, Army Regulation 635-200 with an uncharacterized discharge.  He had completed 5 months and 14 days of active military service.  He also had 31 days of lost time due to being AWOL.  

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 (UOTHC) is normally considered appropriate.  However, at the time of the applicant's separation, the regulation provided for the issuance of an uncharacterized separation for a soldier in an entry-level status.

On 10 June 1998, the Army Discharge Review Board denied the applicant’s request for an upgrade of his 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 administrative separation was accomplished in compliance with applicable regulations then in effect, with no indication of procedural errors which would have jeopardized his rights.

3.  The applicant had completed less than 180 days of creditable, continuous, active military service when separation action was initiated against him.  His discharge is properly categorized as uncharacterized.

4.  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

_ fne____ __tap____  ___tap __  DENY APPLICATION

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

INDEX

CASE ID	AR2001060333	
SUFFIX		
RECON	 	
DATE BOARDED	20011206 	
TYPE OF DISCHARGE	(UNCHAR)	
DATE OF DISCHARGE	19920318	
DISCHARGE AUTHORITY	AR635-200  	
DISCHARGE REASON	A29.00	
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	144.2900	
2.		
3.		
4.		
5.		
6.