MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 August 2002      
	DOCKET NUMBER:   AR2002073425

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. Wagner		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Margaret V. Thompson		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 undesirable discharge be upgraded to general.

APPLICANT STATES:  In effect, that he was the only surviving son of a first marriage and his half brother was dying of a rare cancer at the time of his discharge.  He contends that he went absent without leave (AWOL) because of his half brother’s illness. 

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

The applicant enlisted on 7 August 1973 for a period of 3 years.  He successfully completed basic combat training and advanced individual training in military occupational specialty 13A (field artillery basic crewman).

On 29 January 1974, nonjudicial punishment was imposed against the applicant for being AWOL from 18 December 1973 to 9 January 1974.  His punishment consisted of a reduction to E-1 (suspended for 60 days), a forfeiture of pay and restriction.

On 2 July 1974, the applicant was convicted by a special court-martial of being AWOL from 20 February 1974 to 24 February 1974 and from 28 February 1974 to 15 May 1974.  He was sentenced to be confined at hard labor for 45 days, to forfeit $150 pay per month for 2 months and to be reduced to E-1.  On 17 July 1974, the convening authority approved the sentence but remitted the unexecuted portion of the sentence to confinement at hard labor and the forfeiture of pay.  

The facts and circumstances surrounding the applicant’s discharge are not contained in the available records; however, his records show that he was discharged with an undesirable discharge on 26 July 1974 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service.  He had served 8 months and 9 days of total active service with 102 days lost due to AWOL.

There is no indication in the available records to show that the applicant applied to the Army Discharge Review Board within its 15-year statute 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 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.  A discharge under other than honorable conditions is normally considered appropriate. 

Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the soldier’s separation specifically allows such characterization.

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 noted the applicant’s claim of family problems which led to his decision to go AWOL.  However, the Board determined that the claim of family problems is not sufficient by itself as a basis for upgrading his discharge.

2.  The Board reviewed the applicant’s brief record of service which included one nonjudicial punishment, one special court-martial conviction and 102 days lost and determined that his record of service was not satisfactory.  Therefore, the applicant is not entitled to a general discharge.

3.  In the absence of evidence to the contrary, it must be presumed that 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.  

4.  Accordingly, the type of discharge directed and the reasons for separation appear to be appropriate.

5.  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.

6.  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

RJW___  LE______  MVT_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002073425	
SUFFIX		
RECON		
DATE BOARDED	20020808	
TYPE OF DISCHARGE	(UD)	
DATE OF DISCHARGE	19740726	
DISCHARGE AUTHORITY	AR 635-200 Chapter 10	
DISCHARGE REASON	For the good of the service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.