MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 December 2001                   
	DOCKET NUMBER:   AR2001060850

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Thomas E. O’Shaughnessy, 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:  In effect, that his under other than honorable conditions (UOTHC) discharge be upgraded.

APPLICANT STATES:  In effect, that he requested a chapter 6 discharge and he was refused.

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

On 30 July 1997, the applicant enlisted in the Regular Army for a period of 
5 years.  He completed the required training and was awarded military occupational specialty 11M10 (Fighting Vehicle Infantryman).  The highest pay grade he achieved was pay grade E-3.

On 11 January 1999, while assigned to Company B, 3rd Battalion, 7th Infantry Regiment, Fort Stewart, Georgia, the applicant was reported absent without leave (AWOL).

On 9 April 1999, court-martial charges were preferred against the applicant for being AWOL from 11 January 1999 to 5 April 1999.  On the same day the applicant consulted with legal counsel and 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 was afforded the opportunity to submit statements in his behalf.  The applicant stated in effect, 
that he had several reasons why he went AWOL.  His main reason was to assist his disabled father.  During the period of AWOL he took charge of his father’s plumbing and electrical business.  His father was unable to left heavy objects or crawl into tight spaces.  The Department of Veterans Affairs rated his father as being permanently disabled due to bypass surgery.  His other reasons was because he was stressed out due to father’s physical condition, because he was assigned to a rapid deployment unit and the living conditions were below standard as well as the effectiveness and efficiency of the chain of command.  

The applicant’s separation physical is missing from his personnel record.

On 18 December 1999, the appropriate authority approved the applicant’s request for discharge and directed the issuance of a discharge UOTHC.  
On 28 June 2000, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a discharge UOTHC.  He completed 2 years, 8 months and 28 days of creditable active service and he had 84 days lost time.  

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 is authorized, a discharge under other than honorable conditions is normally considered appropriate.

On 13 August 2001, 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 Board noted the applicant’s contention that he was refused a Chapter 
6 discharge.  However, the evidence of record does not support his contention nor has the applicant submitted and evidence to support his allegation.

3.  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.

4.  The type of discharge and the reasons therefore were appropriate considering
all the facts of the case.

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

__kak___  __reb___  __teo___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060850	
SUFFIX		
RECON		
DATE BOARDED	20011211	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	20000628	
DISCHARGE AUTHORITY	AR635-200, Chapter 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.		
3.		
4.		
5.		
6.