MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            08 MAY 2003                  
	DOCKET NUMBER:   AR2003084866

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Robert L. Duecaster		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 under other than honorable conditions discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that he had marital problems, which his chain of command was aware of, but did nothing to help him.  He states that since his discharge he has overcome his alcohol and drug problems and is now a contributing member of society.  In support of his request he submits eight letters of support.

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

He entered active duty on 5 October 1983.  At the time of his enlistment he was 19 years old, had completed 12 years of formal education, and had one daughter, born in February 1982.  He was not married at the time of his enlistment.

The applicant’s enlistment incentives included a $5000.00 enlistment bonus and training as an infantryman.  His enlistment was executed in Atlanta, Georgia.

The applicant successfully completed basic and advanced individual training.  In March 1984, at the age of 20, the applicant married the mother of his daughter and in May 1984 he was promoted to pay grade E-3 after receiving a waiver for both time in service and time in grade requirements.  He was assigned to Fort Stewart, Georgia at the time.

In June 1984 he received a certificate of achievement for obtaining a perfect score at all stations during common task testing.  The certificate noted “few soldiers have reached this level of proficiency…and…placed him ahead of his peers.”

On 1 December 1984 his son was born.

On 10 December 1984 the applicant departed AWOL (absent without leave).  He returned to military control on 12 December and departed AWOL again on 
17 December.  He returned to military control on 20 December 1984.

On 9 April 1985 the applicant departed AWOL for a third time.  He was dropped from the rolls of the Army on 8 May 1985 and on 3 June 1985 surrendered to military authorities at Fort Stewart.

On 9 July 1985, after charges were preferred, the applicant consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial, under the provisions of Army Regulation 635-200, Chapter 10.  His request acknowledged he understood the nature and consequences of the undesirable discharge, which he might receive.  He indicated he understood he could be denied some or all veterans' benefits as a result of his discharge and that he may be deprived of rights and benefits as a veteran under both Federal and State law.  He did not submit any statements on his own behalf and waived his attendant rights.

His voluntary request for discharge was approved and on 25 July 1985 he was discharged under other than honorable conditions.  He had 1 year, 7 months, and 23 days of creditable service and more than 60 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.  A discharge under other than honorable conditions is normally considered appropriate.  

In 1988 the Army Discharge Review Board denied the applicant’s petition to upgrade his discharge.

The statements submitted by the applicant in support of his request were either undated or authored in 2002.  Three of the letters were from his sisters; one was from his niece, one from his daughter and one from his son.  The remaining two were from friends; one who had gotten to know the applicant well over the past two years and one that has known him for about a year.  The letters noted how the applicant had recently turned his life, overcome his drug and alcohol problems during the past two years, found full time employment, and was positively influencing their lives.

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 that the applicant successfully completed training, was promoted to pay grade E-3 early, and was commended for his proficiency in his military skills, in spite of having a daughter and subsequently marrying the mother of his child.  Such evidence clearly shows the applicant was capable of honorable and exceptional service.

2.  The Board notes that the applicant’s contention that his chain of command was aware of his marital problems and would not assist him, is not supported by any evidence in available records, or submitted by the applicant.  The evidence of record indicates that the applicant had two brief periods of AWOL shortly after the birth of his son in December 1984, but then served without incident until April 1985 when he departed AWOL again.  He has presented no evidence that he sought the assistance of his chain of command in resolving his problems between December 1984 and April 1985.  

3.  The Board also notes that when given the opportunity to make a statement in his own behalf at the time of his discharge, he chose not to do so.

4.  While the applicant’s ability to overcome his alcohol and drug problems within the past 2 years, and his continued contributions to the lives of his family and friends, is certainly commendable, it is not so outstanding or meritorious as to warrant upgrading of his discharge as a matter of equity. 

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 that 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

__SAC __  __MDM _  __RLD __  DENY APPLICATION

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

INDEX

CASE ID	AR2003084866	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030508	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.