PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           10 January 2002                  
	DOCKET NUMBER:   AR2001060360

	I certify that hereinafter is recorded the true and complete record of the proceedings 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. Ted S. Kanamine		Member	
	Mr. John T. Meixell		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge (GD) under honorable conditions. 

3.  The applicant states that he was an amateur boxer and he joined the military after his recruiter promised him that he could further his boxing career and personal development.  However, he was never allowed to put on a pair of boxing gloves and when he inquired about it, he was told that it was being checked into.  He felt betrayed by his recruiter.  He states that he was totally dedicated to the Army; he was promoted on time and he received recognition awards.  In January 1982, he went home on a 4-day pass and he did not return until law enforcement officers in Oklahoma detained him.  He regrets the mistakes that he made and the immature actions that he took.  He has grown and matured and he understands that he must take responsibility for his actions. In support of his request, he submits:  a statement written in his own behalf; three character references; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a copy of his DA Form 31 (Request and Authority for Leave); an Standard Form 159 (Request for Excess Leave Without Pay and Allowances); three training certificates; a letter of commendation, dated 29 July 1981; a certificate of recognition; and a certificate of promotion and Orders Number 248-22 from Headquarters Command, XVIII Airborne Corps and Fort Bragg for promotion to specialist four. 

4.  The applicant’s military records show that on 29 October 1980, at age 21, he enlisted in the Regular Army for 3 years and the Army Station of Choice Enlistment Option (Fort Bragg, North Carolina) and also for training in military occupational specialty (MOS) 05B (Radio Operator).  The applicant completed basic and advanced individual training and he was awarded MOS 05B.  

5.  On 21 February 1981, he was assigned to Fort Bragg.  On 19 November 1981, the applicant's father passed away and left his mother with no income and a small farm to manage.

6.  On 23 November 1981, the applicant received orders for reassignment to Korea with an availability date of 24 February 1982.

7.  On 5 December 1981, the applicant submitted a DA Form 4187 (Personnel Action) for a hardship discharge.  He stated that his mother was unable to maintain the farm in the absence of his father and in a separate statement, he outlined numerous other family problems that compounded the situation.

8.  On 8 December 1981, the applicant went to see the Battalion Chaplain and explained that he was the sole provider for his mother and that she needed him to help with the family's small farm.  The Chaplain acknowledged that the applicant appeared to be under a lot of stress and hardship.  He stated that he believed it would be in the best interest of the Army to grant the applicant a hardship discharge and that the emotional impact on him would be unbearable if the request were not granted.

9.  On 6 January 1982, the applicant's unit commander approved his request for a hardship discharge.  

10.  A DA Form 2496 (Disposition Form), dated 27 January 1982, indicates that the applicant's unit initiated action to have him deleted or deferred from assignment to Korea.  There is no further evidence available concerning this action.  

11.  On 29 January 1982, the applicant was promoted to specialist four/pay grade E-4, which was the highest pay grade that he achieved.

12.  On 4 February 1982, the applicant went into an absent without leave (AW0L) status and he remained AWOL until he was apprehended in, Durant, Oklahoma by civilian authorities on 27 January 1983.  He had no recorded indisciplines prior to this incident.

13.  On 28 January 1983, the applicant was returned to military control at the Personnel Control Facility, Fort Sill, Oklahoma. 

14.  On 31 January 1983, court-martial charges were preferred against the applicant for being absent from his unit from 4 February 1982-26 January 1983.

15.  On 2 February 1983, the applicant 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 a UOTHC discharge.  He authenticated a statement with his own signature in which he acknowledged that he understood the ramifications and effects of receiving a UOTHC discharge.  He did not submit a statement in his own behalf.

16.  On 2 February 1983, the applicant was placed in a leave without pay status pending his discharge.

17.  On 11 February 1983, the applicant’s unit commander recommended that his request for discharge be approved with a UOTHC discharge.  On 26 January 1983, his intermediate commander recommended that his request for discharge be approved with a UOTHC discharge.  On 24 February 1983, the separation authority approved separation with a UOTHC discharge.

18.  On 8 March 1983, the applicant was separated in absentia with a UOTHC 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 had completed 1 year, 
4 months, and 17 days of active military service and he had 359 days of lost time due to being AWOL. 

19.  The applicant's DD Form 214 (Certificate of Release or Discharge From Active Duty) shows that he was awarded the Army Service Ribbon and the Expert Marksmanship Badge (Rifle - M16).

20.  There is no evidence that the applicant ever applied to the Army Discharge Review Board for review of his discharge under that board's 15-year statute of limitations.  

21.  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 was authorized, a UOTHC discharge was considered appropriate.

CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in accordance with regulations then in effect. 

2.  There is nothing in the applicant's record, and he has provided nothing, that indicates his recruiter promised him he would be allowed to continue his boxing career in the military.  In any event, this issue did not play a role in the applicant's period of AWOL.

3.  The applicant's overall service record was satisfactory and he had no recorded indisciplines prior to his extended period of AWOL.  While the Board does not condone the applicant's apparent use of poor judgment in going AWOL, it notes that he had extreme personal problems caused by the death of his father. The Board also notes that the applicant attempted to take the appropriate steps to seek assistance with his problems when he applied for a hardship discharge, and that he may have become disillusioned with the pace of the separation process or held the belief that his unit did not understand the magnitude of his stress. 

4.  Therefore, the Board concludes that, in the interest of equity and compassion, a GD is warranted and the applicant is entitled to have his rank and pay grade restored to specialist/pay grade E-4, with a date of rank of 29 January 1982.

5.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all Department of the Army records related to this case be corrected:

a.  by showing that the 8 March 1983 UOTHC discharge of the individual concerned is void and without force or effect; 

b.  by showing that the individual concerned was discharged with a GD under honorable conditions, as a specialist four, in pay grade E-4, with a date of rank of 29 January 1982, in accordance with chapter 10, Army Regulation 635-200, for the good of the service; and

c.	by showing that he was issued a General Discharge Certificate on 
8 March 1983, vice the UOTHC Discharge Certificate he was issued on that date.

2.  That so much of the application as in excess of the foregoing is denied.

BOARD VOTE:  

__FNE__  ___TSK__  __JTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_    _Fred N. Eichorn___
		        CHAIRPERSON

INDEX

CASE ID	AR2001060360	
SUFFIX		
RECON	 	
DATE BOARDED	20010110 	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19830308	
DISCHARGE AUTHORITY	AR635-200, CH 10 	
DISCHARGE REASON	A60.00	
BOARD DECISION	(PARTIAL GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	144.6000	
2.		
3.		
4.		
5.		
6.