MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 July 2002
	DOCKET NUMBER:   AR2002071369

	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:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Arthur O. 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 discharge under other than honorable conditions (UOTHC) be upgraded to a general discharge under honorable conditions.  He states that he made a stupid mistake as a young soldier.  In light of the events of   11 September 2001, he wants to set the record straight so he can say to his children, “I served with pride.”  He was a good soldier who volunteered.  He went absent without leave (AWOL) and has regretted it for 23 years.  He provides his Report of Separation from Active Duty, DD Form 214, a fingerprint record, and three character witness statements as supporting evidence.  

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

He was born on 26 September 1956.  He enlisted in the Regular Army on                 8 February 1978.  He was selected as the Battalion Trainee Leader of the Week for the cycle period 21 through 28 February 1978.  He was selected as the Outstanding Soldier of the 1st Basic Training Brigade for the week 27 February through 4 March 1978.  He completed basic training and advanced individual training and was awarded military occupational specialty 11B (Infantryman).  

On 23 April 1979, court-martial charges were preferred against the applicant charging him with being AWOL from 1 June 1978 to on or about 24 April 1979.

On 25 April 1979, 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 UOTHC and that he might be deprived of many or all Army and Veterans Administration benefits.  He submitted a statement in his own behalf.  He stated that he applied for Officer Candidate School while at Fort Benning, GA.  All went fine until one night he went to the post exchange against the instructions of his drill sergeant.  Shortly thereafter, the company commander rescinded his application and that contributed to his going AWOL.  He requested a general discharge since his record was exemplary.  He intended to complete the final two years of his college education and his discharge could harm his chances for employment after graduation.

On 14 May 1979, the appropriate authority approved the applicant’s request and directed he receive a discharge UOTHC.

On 23 May 1979, 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 UOTHC.  He had completed 4 months and 23 days of creditable active service and had 354 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 UOTHC is normally considered appropriate.  

On 13 August 1981, the Army Discharge Review Board denied the applicant’s request for an upgraded discharge.

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.  The applicant was 21-years old at the time he went AWOL.  The Board has considered how well he did in basic training and his character witness statements; nevertheless, considering the length of his AWOL these factors do not warrant granting the relief requested.

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

__KAK__  __AOA__  __RJW__  DENY APPLICATION

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

INDEX

CASE ID	AR2002071369	
SUFFIX		
RECON		
DATE BOARDED	2002/07/02	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1979/05/23	
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.