MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 June 2002
	DOCKET NUMBER:   AR2002068566

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Harry B. Oberg		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 undesirable discharge be changed from “section 8” to honorable.  His wife was having a very bad time with depression due to the loss of their first baby.  She had a miscarriage when she was four months pregnant.  He requested a leave to go home to be with her but it was denied so he went absent without leave (AWOL).  He voluntarily turned himself in.  He provides no supporting evidence.

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

He was inducted into the Army on 23 July 1970.  He completed basic training and advanced individual training and was awarded military occupational specialty 13A (Field Artillery Basic).

On 15 April 1971, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for absenting himself from his place of duty until 15 April 1971.  His punishment was a forfeiture of $25.00 pay and a reduction to Private, E-2 (suspended).  On 29 April 1971, the suspended reduction was vacated.  

The applicant departed AWOL on 3 May 1971.  A Commanding Officer’s Inquiry dated 11 May 1971 indicated the applicant had been counseled on several different occasions on his conduct.  No letters of indebtedness had been received on him but he did receive assistance from the Army Emergency Relief and the Red Cross.  He lived off-post and his landlord revealed that he took all his personal effects with him when he departed.  

The complete discharge packet is not available.

On 13 July 1971, court-martial charges were preferred against the applicant charging him with being AWOL from 3 May to on or about 7 July 1971.  

On or about 13 July 1971, after consulting with legal counsel, the applicant 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 submitted no statement in his own behalf.

On 8 September 1971, 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 under other than honorable conditions.  He had completed 11 months and 8 days of creditable active service and had 68 days of 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 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.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  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.  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 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.  There is no evidence to show the applicant requested leave and was unjustly denied or that he attempted to resolve his family problems through other means.  Considering the length of his period of AWOL, the characterization of his discharge as under other than honorable conditions was and still is appropriate.

3.  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__  __RWA__  __HBO___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068566	
SUFFIX		
RECON		
DATE BOARDED	2002/06/11	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1971/09/08	
DISCHARGE AUTHORITY	AR 635-200, ch 10 	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.