PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           11 July 2000
	DOCKET NUMBER:   AR1999030036

	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	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. John Saputo		Member	
	Mr. Roger Able 		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his DD Form 214, Certificate of Release or Discharge From Active Duty, be corrected by changing his date of birth, Block 5, to 440307.  He also requests that his under other than honorable conditions (UOHC) discharge be upgraded.

3.  The applicant states that his date of birth is incorrect on his DD Form 214.  He adds that his UOHC discharge should be upgraded because he left Fort Jackson, South Carolina, in an absent without leave (AWOL) status in order to get proper medical treatment.  The applicant provides no documentation in support of his request.

4.  The applicant’s military records show that he was born on 7 March 1944 and enlisted in the Regular Army for 3 years on 28 March 1961.  Trained as an infantryman, he served at Fort Benning, Georgia, until honorably discharged on 27 March 1964.  On 10 August 1979, he reenlisted for 4 years.

5.  The applicant was sent to Fort Jackson for Basic Combat Training (BCT).  On 9 September 1979, he went AWOL and remained absent until apprehended by civil authorities in Bellville, Texas, on 9 May 1993.  He was transferred to Fort Sill, Oklahoma, where court-martial charges were preferred against him.

6.  The applicant’s record is void of facts and circumstances concerning the events that led to his discharge from the Army.  The Board noted that the applicant’s record contains a properly constituted DD Form 214.  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 would have been required to admit guilt to the stipulated offenses under the UCMJ.  The characterization of service for this type of discharge is normally under other than honorable conditions.

7.  The applicant’s request for separation in lieu of trial by court-martial was approved and his UOHC discharge was executed on 23 August 1993.  He had 4 months and 13 days of creditable service on his enlistment and 4,992 days of lost time.  His DD Form 214 listed his birth date as 14 August 1944.

8.  The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade.  The ADRB, after considering his case on 9 May 2000, denied his request.

CONCLUSIONS:

1.  The applicant’s date of birth on his DD Form 214 is incorrect.

2.  The applicant’s characterization of service on his DD Form 214 is appropriate and, in the absence of information to the contrary, the Board presumes regularity in the discharge process and is satisfied that all requirements of law and regulation were met, and that the rights of the applicant were fully protected throughout the separation process.

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 this requirement.

4.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction to DD Form 214, showing his correct date of birth as 440307.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__rjw ___  __js_____  __ra____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999030036	
SUFFIX		
RECON		
DATE BOARDED	20000711	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19930823	
DISCHARGE AUTHORITY	AR 635-200 C10	
DISCHARGE REASON	A71.00	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	100.0200	
2.	110.0000	
3.		
4.		
5.		
6.