MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           14 January 2003                  
	DOCKET NUMBER:   AR2002072943

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Mae M. Bullock		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 be upgraded.

APPLICANT STATES:  That his discharge is unfair but does not elaborate on his application.

COUNSEL CONTENDS:  That the applicant maintains that he had family problems that diminished his capacity to serve and that the discharge was too harsh.

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

The applicant enlisted in the Army Reserve on 21 August 1997 and completed basic combat training and advanced individual training without reported incident. On 5 January 1999, he enlisted in the Regular Army.  

The applicant was reported absent without leave from 18 September through 4 October 1999.  The applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for this period of AWOL.

The applicant again went AWOL on 19 October 1999 and remained absent until 4 January 2000.

On 11 January 2000, court-martial charges were preferred for 77 days AWOL.   

After consulting with counsel and being advised of his rights and options, the applicant submitted a formal request for discharge for the good of the service in lieu of court-martial under the provisions of Army Regulations 635-200, chapter 10.  He acknowledged that he was guilty of the charge or lesser-included charge.  He also acknowledged that had been advised of and understood his rights under the UCMJ, that he could receive a discharge under other than honorable conditions (UOTHC) which would deprive him of many or all of his benefits as a veteran, that he could expect to experience substantial prejudice in civilian life if he received a UOTHC discharge, and that there is no automatic upgrading or review of a less than honorable discharge.  

The discharge authorities approved the request for discharge under Army Regulation 635-200, chapter 10 and directed that the applicant be reduced to the lowest enlisted grade (E-1) and receive an under other than honorable conditions discharge.  

The applicant was discharged on 27 March 2000 with an under other than honorable conditions discharge.  He had 3 years, 4 months, and 3 days of creditable service with 94 days lost due to AWOL.

On 18 February 2002, the Army Discharge Review Board (ADRB) denied the applicant's request to upgrade 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 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.  An under other than honorable conditions discharge is normally considered appropriate.  

The Manual for Courts-Martial, Table of Maximum Punishments, sets forth the maximum punishments for offenses chargeable under the UCMJ.  A punitive discharge is authorized for offenses under Article 86, for periods of AWOL in excess of 30 days.   

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, and applicable law and regulations, it is concluded:

1.  There is no documentation to show that his discharge was unduly harsh, in fact the applicant could have faced a significantly harsher discharge had his request for discharge in lieu of court-martial not been accepted.  

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.  His service is appropriately characterized by his overall record.

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 this 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

__MKP___  __JLP___  __MMB    DENY APPLICATION

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

INDEX

CASE ID	AR2002072943	
SUFFIX		
RECON		
DATE BOARDED	20030114	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.9307	
2.	144.9405	
3.		
4.		
5.		
6.