MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            26 June 2003
	DOCKET NUMBER:   AR2003085402

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Lawrence Foster		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 honorable.

APPLICANT STATES:  That his father was sick and died while he was in the service.  He further states that he was depressed about his father and starting drinking, which led to his going absent without leave (AWOL). 

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

He enlisted in Knoxville, Tennessee, on 3 January 1977, for a period of 3 years and training as a material supplyman.  He completed his basic combat training at Fort Jackson, South Carolina, and was transferred to Fort Lee, Virginia, on 11 March 1977, to undergo his advanced individual training (AIT).

The applicant went AWOL from 11 April to 13 April 1977.  The record is silent as to any punishment imposed; however, he was recyled to another AIT course, for a food service specialist, because he had broken the terms of his contract when he failed to complete AIT as a material supplyman.  He completed his AIT on 22 June 1977 and was transferred to Fort Hood, Texas, with a report date of 9 July 1977.  He failed to report as ordered until 10 August 1977.

Nonjudicial punishment was imposed against him on 15 August 1977.  His punishment consisted of correctional custody for 30 days.

The applicant again went AWOL on 4 January 1978 and he remained absent until he was apprehended by civil authorities in Knoxville, Tennessee, and was returned to military control on 24 October 1982.  Charges were preferred against him on 2 November 1982, for the AWOL charges.

On 5 November 1982, after consulting with counsel, the applicant submitted a request for discharge for the good of the service, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  In his request he indicated that he was making the request of his own free will, without coercion from anyone and that he was aware of the implications attached to his request.  He also admitted that he was guilty of the charges against him or of lesser included offenses which authorized the imposition of a bad conduct or dishonorable discharge.  He acknowledged that he understood that he could receive a discharge under other than honorable conditions and that he might be deprived of all benefits as a result of such a discharge.  He further declined to submit a statement or explanation in his own behalf and also declined a separation medical examination.

The appropriate authority approved his request and directed that he be discharged under other than honorable conditions.

Accordingly, he was discharged under other than honorable conditions while on excess leave, on 15 December 1982, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He had served 1 year and 19 days of active service during his current enlistment and had 1,789 days of lost time due to AWOL. 

There is no evidence in the available records to show that he ever sought the assistance of his chain of command or that he surfaced that he had a problem coping with the death of his father.  There is also no evidence to show that he 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 the 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 charges have been preferred, submit a request for discharge for the good of the service, in lieu of trial by court-martial.  A condition of submitting such a request is that the individual concerned must admit guilt to the charges against them or of a lesser included offense which authorizes the imposition of a bad conduct or dishonorable discharge and they must indicate that they have been briefed and understand the consequences of such a request as well as the discharge they might receive.  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.  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.

2.  Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.

3.  After being afforded the opportunity to assert his innocence before a trial by court-martial, he voluntarily requested a discharge for the good of the service in hopes of avoiding a punitive discharge and having a felony conviction on his records.  In doing so he admitted guilt to the charges against him.  While he may now believe that he made the wrong choice, he should not be allowed to change his mind at this late date, especially considering the length of his absence as well as his otherwise undistinguished record of service during such a short period of time.

4.  The Board has noted the applicant’s contentions and finds that they are not sufficiently mitigating to warrant relief under the circumstances.  While his father may have passed away as he contends, there is no indication that he attempted to seek assistance from his chain of command to resolve his problems or at least offer an explanation to explain his misconduct. 

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

___lf   ___  __wtm __  __le_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003085402	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/06/26	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR635-200/ch10	
DISCHARGE REASON	Gd of svc	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  689	144.7000/a70.00	
2.		
3.		
4.		
5.		
6.