MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 July 2000                   
	DOCKET NUMBER:   AR1999034785

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John H. Kern		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 (UOTHC) be upgraded to under honorable conditions.

APPLICANT STATES:  That he had family problems and stayed home over leave but when things got better he returned.  An officer offered him the opportunity of going back through training or accepting a discharge.  Not knowing what the future would be or how the discharge would affect his opportunities, he accepted the discharge.  He was immature and felt pressured and threatened at the time.  He feels that an upgrade would help him beneficially to gain employment and better conditions.  He provides no supporting evidence.

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

He was born on 5 November 1958.  He enlisted in the Regular Army on              2 February 1979.  He completed basic training.

On 22 August 1979, it was requested the applicant be relieved from the Materiel Supply Specialist Course due to lack of motivation as evidenced by sleeping in class and lack of interest.  

On 5 September 1979, the applicant departed absent without leave (AWOL).

On 28 December 1979, the applicant completed a separation physical examination and was found qualified for separation.

On 2 January 1980, court-martial charges were preferred against the applicant charging him with AWOL for the period 5 September to on or about 19 December 1979. 

On 4 January 1980, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits.  He understood that he could expect to encounter substantial prejudice in civilian life because of a discharge UOTHC.  He made a statement in his own behalf.  He stated that he could not adjust to the military.  He fell behind in his training course and was told he would be recycled, but with a pregnant wife at home he could not stand being separated any longer and went AWOL.

On 25 January 1980, the appropriate authority approved the request and directed the applicant receive a discharge UOTHC.

On 21 February 1980, the applicant was discharged with a discharge UOTHC, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial.  He had completed 9 months and 6 days of creditable active service and had 105 days of lost time. 

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 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 charges have been preferred and must include the individual’s admission of guilt.  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.  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.

2.  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.

3.  The Board notes that the applicant was over 20 years old at the time of his enlistment and almost 21 at the time he went AWOL.  Considering the length of his AWOL, a discharge UOTHC was and still is appropriate.

4.  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

__tsk___  __sk____  __jhk___  DENY APPLICATION

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

INDEX

CASE ID	AR1999034785	
SUFFIX		
RECON		
DATE BOARDED	20000725	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19800221	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	A70.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.