MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 July 2002                   
	DOCKET NUMBER:   AR2002068671

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Raymond J. Wagner		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 upgraded to a fully honorable discharge so that he may enlist in the United States Army Reserve.  

APPLICANT STATES:  In essence, that he married at a very young age and that he had little experience in dealing with marital problems.  Serving in the military and handling personal problems was mentally stressful.  Both he and his wife had mental breakdowns and his marriage ended in a divorce.  He believes that he may have been a better soldier if he had received marriage counseling from the Army.

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

He enlisted in the Regular Army for 3 years on 21 June 1979.  On 26 June 1979, he extended his enlistment for a period of 1 year to meet the minimum 4-year requirement for a cash bonus enlistment option.   He completed the required training and he was awarded military occupational specialty (MOS) 13B (Cannoneer).  The highest grade that he achieved was pay grade E-2.

The applicant, while assigned to Fort Polk, Louisiana, left his unit in an absent without leave (AWOL) status from 30 December 1979-3 September 1980.  He returned to military control at the United States Army Personnel Control Facility, Fort Dix, New Jersey, on 4 September 1980.  On the same date, court-martial charges were preferred against him for this AWOL offense.

On 5 September 1980, the applicant underwent a psychiatric evaluation by professionally trained personnel and he was mentally cleared for separation.  During the evaluation process, the applicant stated that he could not cope with military life.  He also stated that he was experiencing family problems.

On 23 September 1980, the applicant consulted with legal counsel and requested discharge for the good of the service in lieu of trial by court-martial under the provisions of chapter 10, Army Regulation 635-200.  He was advised that he could receive a UOTHC discharge.  He authenticated a statement with his signature acknowledging that he understood the ramifications and effects of receiving a UOTHC discharge.  The applicant did not submit a statement in his own behalf.

On 7 October 1980, the applicant’s unit commander recommended approval of the applicant’s request for discharge with a UOTHC discharge.  He stated that in his opinion the applicant had no motivation for continued service and that he believed he would not respond to either counseling or rehabilitation.  

On 8 October 1980, the applicant's intermediate commander also recommended approval with a UOTHC discharge.  On 20 October 1980, the separation authority directed that the applicant be reduced to pay grade E-1 and separated with a UOTHC discharge.  The applicant was placed on excess leave pending completion of his separation.

On 20 November 1980, the applicant was separated in absentia with a UOTHC discharge for the good of the service in lieu of trial by court-martial under the provisions of chapter 10, Army Regulation 635-200.  He had completed 8 months and 26 days of active military service and he had 248 days of lost time due to being AWOL. 

On 20 October 1997, the ADRB denied the applicant’s request for an upgrade of his discharge.  

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 was authorized, a UOTHC discharge was 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.  

3.  The Board took into consideration the applicant's entire record of service and was convinced that both the reason for discharge and the characterization of service were appropriate considering the facts surrounding his discharge.

4.  The applicant expressed that he was experiencing personal problems after he returned from being AWOL, however, there is no evidence that he sought assistance through his chain of command prior to going AWOL.  The Board determined that he had many legitimate avenues through which to obtain assistance with his problems without committing the misconduct that led to the separation action under review.

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___  __aao___  __rjw___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068671	
SUFFIX		
RECON		
DATE BOARDED	20020702	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19801120	
DISCHARGE AUTHORITY	AR635-200, Ch 10 	
DISCHARGE REASON	A60.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.6000	
2.		
3.		
4.		
5.		
6.