MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          18 November 2003
		DOCKET NUMBER:  AR2003085874

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Barbara J. Ellis		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 (UOTHC) discharge be upgraded to an honorable discharge.

APPLICANT STATES:  In essence, that he left his unit in an absent without leave (AWOL) status because his father was ill and his squad leader refused to grant him leave.  He received a UOTHC discharge despite his desire to complete his enlistment obligation.  He states that prior to this period of service, he completed an honorable period of service and that he was separated as a result of his father's illness with a hardship discharge.  He submits in support of his request an undated magazine article, a DD Form 214 (Certificate of Release or Discharge from Active Duty), a Discharge Certificate, two military pay vouchers, and several records that were obtained from his official military personnel file.

COUNSEL CONTENDS:  In essence, just as the applicant has stated that the applicant left his unit in an AWOL status due to family problems associated with his father's illness.  The applicant needed to be at home to take care of his younger siblings and that the applicant was honorably separated from active duty in 1975 due to similar circumstances that involved his parent's illness. 

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

On 13 February 1980, the applicant enlisted in the United States Army Reserve Delayed Entry Program (DEP) for a period of 6 years.  On 11 March 1980, he was separated from the DEP and enlisted in the Regular Army for 3 years and training in military occupational specialty (MOS) 11B (Infantryman).  He completed the training requirements and he was awarded MOS 11B.  On 
29 June 1980, he was assigned to Fort Ord, California.

On 22 September 1980, nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, was imposed against the applicant for being AWOL from 16 August-1 September 1980.  His punishment included the forfeiture of $100.00 pay per month for 2 months, 7 days' correctional custody at the Correctional Custody Facility (CCF) and 7 days' extra duty (to commence after completion of CCF).

On 4 December 1980, NJP was imposed against the applicant for being drunk on motor pool guard duty on 3 December 1980 and for leaving his appointed place of duty, motor pool guard duty, on 4 December 1980.  His punishment included the forfeiture of $250.00 pay per month for 2 months and 30 days' correctional custody at the CCF.

On 2 April 1981, the applicant was convicted by a special court-martial of being AWOL from 17 December 1980-17 February 1981.  He was sentenced to confinement at hard labor for 2 months, reduction from pay grade E-2 to pay grade E-1, and the forfeiture of $300.00 pay per month for 2 months.  

On 2 April 1981, the applicant consulted with legal counsel and requested discharge under the provisions of chapter 10, Army Regulation 635-200 for the good of the service.  He was advised that he could receive a UOTHC discharge.  He authenticated a statement with his signature acknowledging that he understood the ramifications and effects of receiving a UOTHC discharge.  He declined to submit a statement in his own behalf.  The applicant's unit, battalion, brigade and intermediate commander's recommended that his request be disapproved.  The Staff Judge Advocate recommended approval.

On 27 April 1981, the approval authority approved the applicant's request for discharge under the provisions of chapter 10 and directed that he be separated with a UOTHC discharge in pay grade E-1.  

On 18 May 1981, a mental status evaluation cleared the applicant for separation. On the same date, he declined a separation medical examination.

The applicant's DD Form 214 shows that he was separated on 26 May 1981 under the provisions of chapter 10, Army Regulation 635-200 with a UOTHC discharge for conduct triable by a court-martial.  He had completed 11 months and 27 days of active military service and he had 78 days of lost time due to being AWOL. 

On 10 June 1983, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his discharge.  The ADRB Case Report indicates the applicant served a prior honorable period of service from November 1974-January 1975.  However, the available records do not contain a DD Form 214 or any evidence of this period of service.

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.  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 was authorized, a UOTHC discharge was 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.  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.

2.  The applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, was administratively correct and in conformance with applicable regulations. 

3.  The applicant has provided no evidence that his periods of AWOL were the result of family problems.  Even if the applicant did have family problems, he had many legitimate avenues through which to obtain assistance with his personal problems without committing the misconduct which led to the separation action under review.

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

__jns___  __mdm___  __bje___  DENY APPLICATION

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

INDEX

CASE ID	AR2003085874	
SUFFIX		
RECON		
DATE BOARDED	20031118	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19810526	
DISCHARGE AUTHORITY	AR635-200, Chap 10	
DISCHARGE REASON	A71.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.7100	
2.		
3.		
4.		
5.		
6.