PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  UOHC

2.  Date of discharge (or REFRAD):  840503

3.  Authority for separation:

	a.  Regulation:  Chapter 10, AR 635-200

	b.  Reason:  For the Good of the Service-In Lieu of Court-Martial

4.  Prior review(s):  NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          ASR
a.  Period entered for:  3 Years               
b.  Entry date:  820104                        
c.  Age:  20 Years   DOB:  610928                                          
d.  Educational level:  HS Grad                                                 
e.  Aptitude area score:
	    GT:  84                                3.  Highest grade achieved:
    f.  Length of Service:                         E4
        2 Years  0 Months  18 Days                                  
                                                           
                                               4.  Performance evaluations:  
                                                   NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence: 
                                                                    
    Status       Inclusive dates                       
	AWOL         830912-831007; 831227-840228                          

	Mil conf     831007-831021                                         

	Civil conf                                                         

	Other                                                              

6.  Nonjudicial punishment: 

	Date 	Offense(s)
	831202    FTG (831118);willfully disobey (831118)

7.  Court-Martial data: 

	a.  SCM:  
		Date       Offense(s)
        831110     AWOL (830912-831007)
	
	b.  SPCM:  
		Date   Offense(s)

	c.  GCM:	 
		Date   Offense(s)

8.	Remarks:  NONE

SECTION B - Prior Service Data
NONE

Other discharge(s):

	Service	From	To	Type Discharge

PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

	a.  The evidence of record, as documented by a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), reflects the following information pertaining to the applicant’s discharge:  Characterization of Service-Under Other than Honorable Conditions (UOHC); Authority for Separation-Chapter 10, AR 635-200; and the Narrative Reason for Separation-For the Good of the Service/In Lieu of Court-Martial. 

	b.  The DD Form 214 also showed that the applicant was discharged on 3 May 1985 with a UOHC discharge.  At the time of discharge, the applicant had completed 2 years, 0 months, and 18 days of active military service, and had accrued 105 days of time lost due to AWOL and military confinement.

	c.  The applicant’s record reflects that he completed just over two (2) years of service and the highest rank he attained while on active duty was specialist/E-4.  There are no documented acts of valor, significant achievement, or service warranting special recognition contained in the record.  However, there is an extensive history of disciplinary problems recorded in his record which includes his conviction by summary court-martial, on 10 November 1983, for being AWOL from 12 September to 7 October 1983.  His sentence included a reduction in rank to private/E-2.  On 2 December 1983, he also accepted an Article 15 on for failing to go to his prescribed place of duty and for disobeying a lawful command.  On 27 December 1983 the applicant again went AWOL and remained away until 28 February 1984.  The record does not contain the specific court-martial charge preferred against the applicant or the charge sheet.  However, it is clear the applicant was charged with an offense punishable with a punitive discharge, and voluntarily requested an administrative separation in order to avoid prosecution.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter l0 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 a discharge for the good of the service in lieu of trial by court-martial.  The requests may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Army policy states that although an honorable or general discharge is authorized, a discharge UOHC is normally considered appropriate.

SECTION B-APPLICANT’S SUBMISSIONS

1.  Issue(s) of propriety and/or equity submitted by applicant or counsel.
    As stated on applicant’s DD Form 293.
2.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 981217.
	A-2:  Counsel Issues:  NONE
	B-l:  Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)

SECTION C - Medical and/or Legal Advisory Opinion

Referred to ( ) Medical Advisor      ( ) Legal Advisor

      a.  Medical prehearing comments (if applicable):

      b.  Legal prehearing comments (if applicable):

PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1.  Review/hearing information:

	a. Type requested:
	   (   ) Records review             ( X ) Hearing

	b. Type Held:
	   (   )Records review              ( X ) Hearing
	                                    (   ) Tender Offer

	c. Review/hearing location and date:  
		Video Site:  San Francisco, California on 20 April 1999.
		Board Site:  Washington D.C. on 26 April 1999.

	d. Appearance by:
	   Applicant                 ( X ) Yes   (   ) No
	   Counsel                   (   ) Yes   ( X ) No

	e.  Applicant testified:     ( X ) Yes   (   ) No
	
	f.  Counsel presentation:    (   ) Yes   ( X ) No
	
	g.  Witness(es) testified:   ( X ) Yes   (   ) No
	                                                
2.  Exhibits submitted at hearing:  Ten (10) additional documents.

PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:

	    ( X )	Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
	    (   )	Revised issue(s) furnished in writing by applicant as follows:
	    (   )	Additional issue(s) identified during review/hearing as follows:

	b.  Request:  ( X ) Recharacterization     (   ) Change of Reason

2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

	a.  Propriety:	The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

	b.  Equity:	The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

         (1), (2), (3), and (4)  The issues are rejected.  The Board noted the applicant’s contentions that, in effect, he did not understand his discharge; that he served two (2) good years; that he needed a lot of counseling at that time in his life to prevent his making bad decisions, because he was immature; and that he would like to explain his case so the Board could understand.  However, the available records contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty).  This document identifies the reason and characterization of the discharge and the Board presumed Government regularity in the discharge process.  The evidence of record shows the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial.  In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  Procedurally, the applicant was required to consult with defense counsel, and to voluntarily, and in writing, request separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated offenses under the UCMJ.  In the absence of information to the contrary, the Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge.  Finally, the Board considered the applicant’s entire record of service for the period under review.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

3.  Response(s) to item(s) not addressed as decisional issue(s):  NONE

PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.	Board conclusion(s):

	The discharge was:

	( X )	Proper.
	(   )	Improper as to characterization.  Change characterization to                                     .
	(   )	Improper as to reason.  Change reason to                         under                      .

	( X )	Equitable.
	(   )	Inequitable as to characterization.  Change characterization to                               .
	(   )	Inequitable as to reason.  Change reason to                       
		under                                 .
	(   )	Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                         .

2.  Voting record:      Change   No Change
	            Reason       0         5  
    Characterization       0         5   

	  The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below.  The request must contain the CASE NO. located in the upper right corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  Promulgation Team
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  NONE  

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

MR. ADRIANCE                           
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:

THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

SUZANNE WALKER    
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge              	C - Other 
B - Material submitted by applicant

INDEX RECORD:

AR Number:  1999017938                    INDEX NUMBERS:  A9217
Date of Review:  990426                                   A9301
Character of Service:  UD                                 A9329
Date of Discharge:  840503                                A0100
Authority:  AR 635-200 C10                                
Reason:  A7100                                            
Results of Board Action/                                  
Vote/Affirmation:  NC 5-0 A                               

PART IX - VOTING RECORD

    Name                                   Reason         Characterization
                                           CHANGE   NC    HON   UHC   NC   UNCHAR
    1. 	Mbr          X                  X       

    2. 	Mbr          X                  X       

    3. 	Mbr          X                  X       

    4. 	Mbr          X                  X       

    5. 	Mbr          X                  X