MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            30 March 2000
	DOCKET NUMBER:   AR1999030845

	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.

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Barbara J. Ellis		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 discharge under other than honorable conditions be upgraded to an honorable discharge.

APPLICANT STATES:  That he was hospitalized for a mental breakdown prior to going AWOL to assist with family matters.  He also states that his family’s home was destroyed by fire and they had nowhere to go and no means to overcome their situation.  He further states that he explained the situation to his commander; however, he was not granted leave to attend to his family needs.

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

He enlisted on 30 April 1975 as a chaparral crewman and continued to serve until he was honorably discharged on 16 November 1977.  He immediately reenlisted on 17 November 1977 for a period of 4 years as a short-range missile crewman.

Beginning in January 1978, the applicant received several nonjudical punishments (NJP) for instances of failure to go to his appointed place of duty.

The applicant’s records show that he went AWOL from 16 October 1978 to 16 October 1978 (1 day), from 6 February 1979 to 7 February 1979 (2 days),
confinement from 28 February 1979 to 20 March 1979 and AWOL from 8 January 1980 until he surrendered to military authorities in Red Stone Arsenal, Alabama on 2 June 1981 (511 days).

On 5 June 1981, the applicant declined to undergo a medical examination.

The applicant’s court-martial charges are unavailable for review.

The facts and circumstances pertaining to the applicant’s discharge are not present in the available records.  However, his DD Form 214 shows that on 24 July 1981, he was discharged 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 automatically reduced to E-1.  He was furnished an Other Than Honorable Discharge Certificate.  He had a total of 4 years, 9 months, and
5 days of creditable service and 535 days of lost time due to AWOL.

The applicant’s medical records are unavailable for review by this Board.

The applicant applied to the ADRB on 28 July 1999 for an upgrade of his discharge.  However, the ADRB was precluded from accepting his application due to its statute of limitations (15 years).  This Board accepted his application (DD Form 149), dated 31 August 1999.

Army Regulation 635-200 sets forth the basic authority for 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 the 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.  The Board noted the applicant’s contention that he was hospitalized for a mental breakdown prior to going AWOL to take care of his family.  The Board
further noted that the applicant declined to undergo a medical examination, that 
his medical records were unavailable for review by this Board, and that there is no evidence to show that he was hospitalized for a mental condition prior to going AWOL.

2.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no procedural errors, which would tend to jeopardize his rights.  

3.  The type of separation directed and the reasons therefor were appropriate considering all of the available facts of the case. 

4.  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 the aforementioned requirement.  

5.  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:

BJE_____  HOF____  EWL____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030845	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000330	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19810724	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.