MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            16 OCTOBER 2003                 
	DOCKET NUMBER:    AR2003088472

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Ms. Mae M. Bullock		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 records be corrected by upgrading his discharge.

APPLICANT STATES:  That he was unjustly accused of date rape, that he was performing his duties as a military police and was set-up.  The applicant submits no evidence in support of his request.

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

He enlisted in the Regular Army on 15 March 1977 for a period of 4 years.  He completed basic combat and advanced individual training at Fort Bliss, Texas.  He served in Korea from February 1979 to February 1980, and from February 1983 to February 1984.

In June 1977, he was awarded MOS 16P (Short range Missile Crewman) and in February 1981 he was awarded MOS 76V (Material Storage and Handling Specialist).  

On 9 July 1984, his commander preferred court-martial charges against him for being absent without leave.

The applicant was absent without leave (AWOL) from 30 April 1984 until apprehended by civil authorities on 25 August 1984.  He was transferred to military authorities at Fort Polk, Louisiana on 12 September 1984.  

On 18 September 1984, he was processed and released to Geary County 
Civilian authorities pending civilian charges for aggravated sexual battery.  Records indicate, that as of 21 November 1984, he was serving a 1 to 5 year sentence at the Hutchinson State Penitentiary in Hutchinson, Kansas.  

The facts and circumstances pertaining to the applicant’s discharge are not in the available records.  However, his DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he was separated on 20 November 1985, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of trial by court-martial, and was issued an under other than honorable conditions discharge.  His DD Form 214 shows he had 7 years, 
4 months and 1 day of active service, and 476 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 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.  There is no evidence of record that the applicant was ever trained or served in the military occupational specialty of 94B (Military Police).  The applicant was charged for being absent without leave, and there is no evidence that suggest he was ever charged or accused of rape by the Army. 

2.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

3.  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.  

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

__AAO   _  __HOF__  __MMB__  DENY APPLICATION

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

INDEX

CASE ID	AR2003088472	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031016	
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.