MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 May 2000
	DOCKET NUMBER:   AR1999031348

	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	
	Mr. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge Jr.		Chairperson	
	Mr. Ernest W. Lutz Jr.		Member	
	Mr. Kennent L. Wright		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 under other than honorable conditions (UOTHC) discharge be upgraded to general under honorable conditions.

APPLICANT STATES:  That he understands he was wrong for going AWOL, but he was very young and going through a divorce.  He did a good job, having achieved the rank of sergeant and having completed leadership training at the age of 19 years.  He went AWOL because he had just been divorced, had custody of his 1-year old son, and received orders to go to Korea.  He wanted to raise his son and felt that AWOL was the only way out.  After 73 days, he voluntarily returned to military control at Fort Sill, Oklahoma.  In support of his request, he submits a copy of his DD Form 214 (Report of Separation from Active Duty), a leadership course certificate of training, and his divorce decree.

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

He was born on 17 March 1958 and enlisted in the Regular Army for 4 years on 17 October 1975.  Following completion of all required military training, he was assigned to a unit at Fort Knox, Kentucky.  On 28 February 1978, he was promoted to the rank of sergeant.

On 14 September 1978, the applicant was charged with being AWOL from 24 June 1978 to 3 September 1978.  He consulted with counsel and voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He acknowledged that he was guilty of the charge against him, a charge that authorized the imposition of a bad conduct or dishonorable discharge if convicted by a special or general court-martial.  He stated that he did not desire further rehabilitation, nor did he have any desire for further military service. He stated that he understood the nature and consequences of the undesirable discharge that he might receive.  He declined to submit a statement in his own behalf.

On 26 September 1978, the separation authority, a brigadier general, approved the applicant’s request and directed that he be issued a UOTHC discharge.

The applicant was discharged on 3 October 1978 at Fort Sill, Oklahoma.  He had 2 years, 9 months and 5 days of creditable service and 73 days of time lost.

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 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.

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.

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 applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.  There is no indication that the request was made under coercion or duress.

2.  The applicant's request for a chapter 10 discharge, even after appropriate and proper consultation with a military lawyer, tends to show he wished to avoid a trial by court-martial and the punitive discharge that he might have received.

3.  The applicant's contention that he was young and immature at the time is not sufficiently mitigating to warrant relief.  The Board notes that the applicant was 20 years of age and an NCO at the time he went AWOL.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__eja____  __ewl___  __klw___  DENY APPLICATION

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

INDEX

CASE ID	AR1999031348	
SUFFIX		
RECON		
DATE BOARDED	20000525	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19781003	
DISCHARGE AUTHORITY	AR635-200 CH10	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.