MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  20 November 2001
	DOCKET NUMBER:  AR2001060758

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Regan K. Smith		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:  On two separate applications, that his discharge under other than honorable conditions be upgraded to an honorable discharge.

APPLICANT STATES:  That he was young and immature at the time of his enlistment.  He also states that he encountered some major personal problems and was unable to cope with them in a mature, responsible manner.  He further states that he has now set goals and accomplished many achievements since his discharge.  In support of his application he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a personal statement.

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

At the age of 17, the applicant enlisted on 1 October 1975, as a combat engineer.  He was promoted to the pay grade of E-4 effective 26 April 1977.

The applicant’s DA Form 2-1 (Personnel Qualification Record) shows that he was AWOL from 21 February to 9 March 1978 (17 days). 

On 28 March 1978, he was punished under Article 15, Uniform Code of Military Justice, for being AWOL from 13 to 18 March 1978 (5 days).

He was convicted by a special court-martial on 7 July 1978, of being AWOL 
from 5 to 30 May 1978 (26 days) and for missing movement.  His sentence consisted of a forfeiture of pay, a reduction to the pay grade of E-1, and confinement at hard labor for 3 months.

Charges were preferred against the applicant on 17 July 1991, for being AWOL from 17 July 1978 to 12 July 1991 (4,743 days).

On 17 July 1991, he consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial, under the provisions of Army Regulation 635-200, chapter 10.  In doing so, he admitted guilt to the offense charged and acknowledged that he might encounter substantial prejudice in civilian life and might be ineligible for many or all benefits administered by the Veterans Administration (VA) if a discharge under other than honorable conditions were issued.  He also elected not to submit a statement in his own behalf.

On 28 August 1991, the separation authority approved the applicant’s request for discharge and directed that he be furnished an Under Other Than Honorable Conditions Discharge Certificate.  The applicant was discharged on 9 October 1991.  He had a total of 2 years, 8 months, and 18 days of creditable service and 4,791 days of lost time due to AWOL.

The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 8 June 2001.  The ADRB determined that his discharge was proper and equitable and denied his request on 27 July 2001.

Army Regulation 635-200 sets forth the basic authority for 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 Board notes the applicant’s contentions; however, the applicant was 
17 years of age at the time of his enlistment and was 20 years of age at the time of his first offense.  However, his age is not sufficiently mitigating in this case to warrant relief due to his excessive amount of lost time with only 2 years, 
8 months, and 18 days of good service.

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.  

3.  The type of discharge directed and the reasons for that separation were appropriate considering all of the facts of the case.  

4.  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.

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

__jp___  __rs____  ___mm_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001060758	
SUFFIX		
RECON		
DATE BOARDED	20011120	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19911009	
DISCHARGE AUTHORITY	AR 635-200 C, 10	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.