MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           18 APRIL 2002                   
	DOCKET NUMBER:   AR2002066390

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ronald E. Blakely		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 discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that he was a victim of spouse abuse but was too ashamed to tell anyone about his situation.  He states that he made excuses for the bruises he had and did not seek treatment for many of "her beatings.”  He states that his wife was so violent that he feared for his life and suffered from "hypo-tension."  He states that his wife stabbed him on one occasion and he was forced to seek medical treatment.  He notes that just prior to departing AWOL (absent without leave) he was so afraid that she was going to kill him and so sought shelter with the only people he thought would help him, his family.  He states that he subsequently was able to divorce his spouse and has received help from his church and support groups.  He states that his emotional and physical abuse was the basis for his discharge and that it "was not out of disrespect to the military."  He states because of the abuse, shame, and fear for his life he was unable to make "rational decisions at that time."  In support of his request he submits extracts from his service medical records noting treatment for a stab wound and hypo-tension.  The VA office in St. Louis made the service medical record copies from documents in their possession.

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

He entered active duty on 31 January 1977, just days short of turning 18.  He had 9 years of formal education and was not married at the time he entered active duty.  He successfully completed training and served his initial tour of duty in Germany.  By November 1978 he had been promoted to pay grade E-4.  In September 1979 he was transferred to Fort Riley, Kansas and in December 1980 was assigned to Fort Sill, Oklahoma.  

Information in his Official Military Personnel File (OMPF) indicates that he married a 24 year old woman in Lawton, Oklahoma on 12 March 1982.  The applicant was 23 years old at the time.

An undated medical treatment form notes that the applicant was seen by a healthcare provider for "concern of hypo-tension x 2 days."  The applicant denied "any current medical problems."  He was instructed to have his blood pressure checked for 5 days and to report for a follow-up consultation on 8 April 1982.  Hypo-tension is abnormally low blood pressure.

At 1515 hours, on 29 June 1982, the applicant was punished under Article 15 of the UCMJ (Uniform Code of Military Justice) for failing to attend two accountability formations on 22 June 1982.  His punishment included reduction to pay grade E-3, which was suspended for 60 days.

Medical treatment documents, provided by the applicant, indicate that he was treated for a laceration to his right forearm on or about 29 June 1982.  The applicant reported to medical officials that he had been cut with a butcher knife "in [a] fight."  No further details were recorded and his records did not contain a line of duty investigation.  On 7 July 1982 he returned for medical treatment when the wound on his forearmed opened up.  The applicant reported that the wound opened that morning when he was pulling on his boots.

On 7 September 1982 the applicant's suspended reduction to pay grade E-3 was vacated.  Although the document vacating the suspension is in his OMPF there is no indication regarding the events which led his commander to vacate the reduction.

On 29 January 1983 the applicant was awarded his second Army Good Conduct Medal.

On 3 February 1983 the applicant departed AWOL.  He was dropped from the roles of the Army on 4 March and on 23 March 1983 he returned to military control at Fort Dix, New Jersey.

On 23 March 1983 the applicant completed a record of emergency data form indicating he was single.

Documents associated with the applicant's administrative separation action were not in records available to the Board.  However, his DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates that he was discharged under conditions other than honorable on 20 April 1983 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of trial by court-martial.

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 is normally considered appropriate.  

Army Regulation 635-200 also states that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

One of the medical documents, submitted by the applicant in support of his request, was dated in July 1980, prior to his marriage and assignment to Fort Sill.

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 the absence of evidence to the contrary, the applicant's administrative separation is presumed to have been accomplished in accordance with applicable laws and regulations.

2.  There is no evidence, and the applicant has not provided any, which supports his contention that he was a victim of spouse abuse, which he contends, was the basis for his AWOL period.  The Board notes that the applicant indicated that he was no longer married when he returned to military control in March 1983 and yet still chose to request an administrative discharge rather than plead his case before a court-martial.

3.  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 that requirement.

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 __  __BJE___  __REB__  DENY APPLICATION

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

INDEX

CASE ID	AR2002066390	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020418	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.