MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 May 2002
	DOCKET NUMBER:   AR2002069056

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. John T. Meixell		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 to a general, under honorable conditions discharge (GD). 

APPLICANT STATES:  In effect, that he will always regret the mistake he made in going absent without leave (AWOL).  He states that the reason he went AWOL was to get the chance to raise his son and to save his marriage, which never happened.  He states that an upgrade of his discharge would allow him to move forward with his life and to hold his head high in public.  In support of his application, he submits three letters of support attesting to his good character. 

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

On 26 May 1982, the applicant entered the Army for a period of 4 years.  He was trained and served in military occupation specialty (MOS) 62F (Lifting Loading Equipment Operator).  His record shows that the highest rank he attained while serving on active duty was private first class/E-3 and it documents no acts of valor, significant achievement, or service warranting special recognition.

On 9 August 1983, the applicant went AWOL from his unit and remained away for 77 days until returning to military control on 24 October 
1983.  On 27 October 1983, a court-martial charge was preferred against the applicant for this period of AWOL.  After consulting with legal counsel and being advised of the basis of the contemplated trial by court-martial, he voluntarily submitted a request to be discharged for the good of the service/in lieu of trial by court-martial.

On 10 November 1983, the appropriate authority approved the applicant’s request for discharge, under the provisions of chapter 10, Army Regulation 
635-200, for the good of the service/in lieu of trial by court-martial and directed that he receive an UOTHC discharge.  On 6 December 1983, the applicant was discharged accordingly after completing 1 year, 3 months, and 25 days of creditable active military service and having accrued 77 days of time lost due to AWOL.

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statue of limitations.

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 court-martial 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 Board notes the applicant’s contentions that the reason he went AWOL was to raise his son and to save his marriage; and it carefully considered the character references provided in support of the applicant’s request.  However, it finds none of these factors are sufficiently mitigating to warrant the requested relief.  

2.  The evidence of record confirms that the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  The Board notes that, after consulting with defense counsel, the applicant voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial.  In doing so, he admitted guilt to the stipulated offense under the UCMJ.  

3.  The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process and that the applicant’s discharge accurately reflects his overall record of undistinguished service. 

4.  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.

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

     SAC          KWL           JTM       DENY APPLICATION

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

INDEX

CASE ID	AR2002069056	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/07	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19831206	
DISCHARGE AUTHORITY	AR635-200 .  .  .  .  .  	
DISCHARGE REASON	In Lieu of Trial by CM	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 144. 9307	144.7100	
2.		
3.		
4.		
5.		
6.