MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            6 November 2001               
	DOCKET NUMBER:   AR2001061615

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah Jacobs		Chairperson	
	Mr. Elzey Arledge, Jr.		Member	
	Mr. Donald Hupman		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 under other than honorable conditions (UOTHC) discharge be recharacterized to honorable.

APPLICANT STATES:  That he does not feel what he did was so wrong to be given an other than honorable discharge.  He continues to state that he was stationed in Germany and wanted his family to be with him, but they would not come to Germany.  He had been in the Army for seven years and liked being in the Army.  In support of his application, he submits a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), dated 17 August 2001.

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

The applicant enlisted in the Regular Army on 9 December 1975 for a period of four years.  He completed basic and advanced individual training and served in Germany as a medical records specialist.  

In June 1977, the applicant departed Germany on ordinary leave and remained absent until he was apprehended by civilian authorities.  He was returned to military control at Fort Sill, Oklahoma, on 4 June 1982.

On 10 June 1982, charges were preferred against the applicant for being AWOL from 21 June 1977 to 4 June 1982.  

On 11 June 1982, the applicant consulted with legal 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 offenses charged and acknowledged that he might encounter substantial prejudice in civilian life and that he might be ineligible for many or all benefits administered by the Veterans Administration (VA) if an UOTHC discharge were issued.  The applicant did not submit a statement in his own behalf.  

On 21 June 1982, the separation authority approved the applicant’s request for discharge and directed an UOTHC discharge.  

Accordingly, the applicant was discharged on 7 July 1982 under the provisions of Army Regulation 635-200, chapter 10.  He had 1 year, 7 months and 16 days of creditable service and 1,809 days of lost time due to AWOL.

On 8 March 1995, the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge.  The Board, by unanimous vote, denied the applicant’s request.

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.

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 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. 

2.  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 VA benefits.  He was afforded the opportunity to submit statements in his own behalf, but he declined to do so.

3.  The Board considered the applicant’s contention that he does not feel what he did was so wrong that he should have been given an under other than honorable conditions discharge.

4.  In view of the applicant's record of AWOL for 1,809 days, it does not appear that his under other than honorable conditions discharge was too severe.

5.  The type of discharge directed and the reasons for his discharge were appropriate considering all the facts of the case.

6.  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.

7.  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

DJ______  EA______  DH______  DENY APPLICATION

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

INDEX

CASE ID	AR2001061615	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011106 	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19820707	
DISCHARGE AUTHORITY	AR635-200,chapter 10	
DISCHARGE REASON	For the Good of the Service	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.0000	
2.		
3.		
4.		
5.		
6.