MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 June 2003
	DOCKET NUMBER:   AR2003084257

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Frank C. Jones		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 be upgraded to an honorable discharge.

APPLICANT STATES:  That at the time of his discharge, he was lied to because he was told that he was being issued an honorable discharge.

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

On 5 October 1976, he enlisted in the Army for 4 years in the pay grade of E-1.  He successfully completed his training as a fabric repair specialist.  On 5 April 1977, he was promoted to the pay grade of E-2 and to pay grade E-3 on 5 October 1977.

Nonjudicial punishment (NJP) was imposed against the applicant on 13 January 1978, for being absent without leave (AWOL) from 21 December until 28 December 1977.  His punishment consisted of a reduction in pay grade, a forfeiture of pay and extra duty.

On 17 March 1978, NJP was imposed against him for failure to obey a lawful order.  His punishment consisted of a forfeiture of pay and extra duty.

On 7 April 1978, NJP was imposed against the applicant for being AWOL from 20 March until 27 March 1978.  His punishment consisted of a reduction in pay grade, a forfeiture of pay and extra duty.

He had NJP imposed against him again on 12 May 1978, for being AWOL from 19 April 1978 until 23 April 1978.  His punishment consisted of a forfeiture in pay, restriction and extra duty.

The applicant went AWOL again on 19 June 1978 and he remained absent until he returned to military control on 30 August 1978.  

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Report of Separation, DD Form 214, indicates that the applicant was discharged on 26 October 1978, under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of trial by court-martial.  He had completed 1 year, 8 months and 15 days of total active service and he had 127 days of lost time due to AWOL.

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 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 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 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.  It appears that the applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

2.  The Board has noted the applicant’s contentions; however, they are unsupported by the evidence of record.  There is no evidence of record that shows that he was told that he was being issued an honorable discharge.  He had NJP imposed against him on four separation occasions and he had 127 days of lost time due to AWOL.  

3.  In view of his numerous acts of indiscipline, it does not appear that his discharge under other than honorable conditions was too severe and in the absence of evidence to the contrary, it is presumed that what the Army did in his case was correct.  The character of the discharge is commensurate with his overall record of 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

___mkp__  __reb___  __fcj ____  DENY APPLICATION

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

INDEX

CASE ID	AR2003084257	
SUFFIX		
RECON		
DATE BOARDED	2003/06/24	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19781026	
DISCHARGE AUTHORITY	AR 532-200, CH 10	
DISCHARGE REASON	689	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.   708	144.7100	
2.		
3.		
4.		
5.		
6.