RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 February 2004                   
	DOCKET NUMBER:   AR2003090924

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Robert J. Osborn, II		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his under other than honorable conditions discharge be upgraded to an honorable or medical discharge.

2.  The applicant states, in effect, that he believes his character of service to be in error.

3.  The applicant provides copies of his DD Forms 214 for the periods of service ending 28 August 1979 and 30 September 1974.

4.  The applicant provides a partial copy of a letter, dated 24 November 2002, asking for an upgrade of his discharge.

5.  The applicant provides a copy of a Department of Veterans Affairs (DVA) Compensation and Pension Exam Report, dated 6 August 1999.  This document was not previously reviewed by the ABCMR; therefore, it is considered new evidence.

CONSIDERATION OF EVIDENCE: 

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2002082698, on 24 April 2003.

2.  On 27 July 1978, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for being absent without leave (AWOL) from his unit.  His punishment included reduction to the grade of E-1 and 35 days' restriction and extra duty.

3.  On 5 December 1978, the applicant accepted NJP under the provisions of Article 15, UCMJ, for being absent from his place of duty.  His punishment included reduction to the grade of E-1 (suspended until 26 March 1979) and 14 days' restriction and extra duty.  

4.  On 5 January 1979, the applicant accepted NJP under the provisions of Article 15, UCMJ, for three specifications of failing to go to his appointed place of duty, one specification of being AWOL, and one specification of breaking restriction.  His punishment included reduction to the grade of E-1 and forfeiture of $150.00 pay per month for 2 months.

5.  On 7 February 1979, the applicant departed his unit AWOL and remained AWOL until 6 July 1979.  On 11 July 1979, court-martial charges were preferred against the applicant for this period of AWOL.  On 12 July 1979, after consulting with legal counsel, the applicant voluntarily requested discharge under the provisions of chapter 10, Army Regulation (AR) 635-200 for the good of the service in lieu of trial by court-martial.  The applicant was advised of the effects of an undesirable discharge and that he might be deprived of many or all Army and Veterans Administration benefits.  He elected not to submit a statement in his own behalf.

6.  On 9 August 1979, the appropriate authority approved the request for discharge for the good of the service under the provisions of chapter 10, AR 635-200 with an undesirable discharge.  Accordingly, on 28 August 1979, the applicant was discharged from the Army after completing 1 year, 3 months, and 27 days of active military service and accruing 205 days of lost time due to AWOL.

7.  There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

8.  The applicant underwent a general medical examination at the DVA Medical Center on 23 July 1999.  Of the applicant's four diagnoses, only two were service related (hepatitis and wrist injury), and neither was medically disabling or warranted a medical discharge at the time of his separation.  

9.  AR 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his discharge should be upgraded to an honorable or medical discharge.  However, the evidence of record shows the applicant was not suffering from any disabling medical condition at the time of his discharge, nor has he provided any evidence to support this claim.  The evidence of record shows that he was medically fit for separation at the time of his discharge; therefore a medical discharge was not appropriate.

2.  The evidence of record shows the applicant had numerous incidents of misconduct, to include 3 NJPs and 205 days of lost time due to AWOL which adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a general or fully honorable discharge.  

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jhl___  __le____  __rjo___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR2002082698, dated 24 April 2003.

			Joann Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003090924	
SUFFIX		
RECON		
DATE BOARDED	20040212	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19790828	
DISCHARGE AUTHORITY	AR 635-200, Chap 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.7000	
2.		
3.		
4.		
5.		
6.