MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:  11 May 2000
	DOCKET NUMBER:   AR1999031396

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr. 		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. James M. Alward		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 he be supplied copies of his Basic Combat Training (BCT) certificate and Advanced Individual Training (AIT) 76Y10 MOS diploma; and he requests upgrade of his “under other than honorable” discharge.

APPLICANT STATES:  That he would like the certificate and diploma for his records and that he is a veteran but cannot get VA benefits because he was AWOL.  He states that he was placed on active duty at Fort Knox and that he did not like the fort.  He asked to go to Fort Hood, Texas, and his request was denied.  He went to Fort Knox anyway.  When he went home on leave, he went AWOL for one year.  He turned himself in one year later.  He states that if he had been allowed to go to Fort Hood, he would not have gone AWOL.

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

That he enlisted in the Army Reserves on 2 June 1976 as an E-1.  He was ordered to Active Duty for Training (ADT) for twelve weeks beginning 3 August 1976 at Fort Leonard Wood, Missouri, for BCT and AIT for 76Y10, supplyman.  After ADT, he returned to his reserve unit.  Between 15 October 1977 and 
6 August 1978, the applicant had accumulated 64 unexcused absences from unit training assemblies.  The applicant was involuntarily ordered to active military service on 26 February 1979 for 19 months at Fort Knox, Kentucky, due to his unsatisfactory participation in his reserve unit drills.  He was reduced from E-3 to E-1.

At Fort Knox, the applicant was assigned duty as a unit supplyman in a medical unit on 6 March 1979.  On 18 April 1979, the applicant went AWOL and was dropped from the rolls as a deserter on 17 May 1979.  On 28 April 1980, the applicant surrendered to military authorities at Selfridge, Michigan, and was returned to military control at Fort Knox.  On 7 May 1980, he received court-martial charges for AWOL from 18 April 1979 to 28 April 1980 (376 days).  
On 8 May 1980, the applicant received counsel on his charges and request for discharge for the good of the service, submitted a statement that he could not adjust to military life, and he requested discharge for the good of the service in lieu of trail by court-martial.  His request was approved on 27 May 1980 under the authority of AR 635-200, chapter 10, with reduction to E-1 and a character of discharge designated as under other than honorable conditions.  He was so discharged on 15 July 1980.

On 4 May 1981, the applicant applied to the Army Discharge Review Board (ADRB) for upgrade of his discharge.  He was granted a personal appearance board on 1 July 1982 in Detroit, Michigan.  The applicant appeared with counsel and contended inequity in his discharge due to his age (he was 20-21 years of age at the time of AWOL), aptitude, level of education (he was a high school graduate), level of maturity, personal problems, and that he could not do his military job.  He also contended that his discharge was improper because he was not properly counseled about his discharge.  The ADRB found no error, inequity, or impropriety in the applicant’s discharge and denied upgrade of the discharge.

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 documents of which the applicant requested copies, his Basic Combat Training (BCT) certificate and Advanced Individual Training (AIT) 76Y10 MOS diploma, are not found in his military personnel record.  These documents are not filed in the military personnel record according to Army Regulation 640-10.

2.  The applicant was correctly and justly discharged with a characterization of under other than honorable conditions based on his request for discharge for the good of the service in lieu of trial by court-martial.  The evidence shows that the applicant was properly counseled concerning his choices in this discharge.  The procedure and administration of the discharge was proper and the type of discharge was equitable considering the circumstances.  There are no matters of mitigation or extenuation that warrant discharge upgrade by reason of compassion or fairness.

3.  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

__RO___  __CP____  ___JA___  DENY APPLICATION

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

INDEX

CASE ID	AR1999031396	
SUFFIX		
RECON		
DATE BOARDED	20000511	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19800715	
DISCHARGE AUTHORITY	AR 635-200, chap 10	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.144.0134	Discharge under condition other than honorable	
2.		
3.		
4.		
5.		
6.