MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            20 January 1999                                     
	DOCKET NUMBER:   AR1999014855

	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. Loren G. Harrell		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Mr. Robert W. Garrett 		Member	
	Ms. Deborah S. Jacobs 		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 (UOHC) discharge be upgraded to an honorable discharge (HD).

APPLICANT STATES:  That he has been separated more than 120 days and that he had a very good service record.

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

He enlisted in the Regular Army for 3 years on 17 August 1979 and was trained as a communication systems equipment operator.  Following airborne training, he reported for an assignment at Fort Meade, Maryland.  Following his assignment at Fort Meade, he went to Korea on 26 May 1981.

While stationed in Korea, the applicant was given an emergency leave in conjunction with a family emergency in the United States.  He returned home, but did not report back to his unit in Korea when his leave expired.  He was listed as AWOL on 16 November 1981.  On 16 December 1981, he was dropped from his unit’s rolls as a deserter.  He returned to military control at Fort Dix, New Jersey on 25 March 1982 and was placed in the Personnel Control Facility.  Court-martial charges were preferred against him and, after consulting with legal counsel and having his rights explained to him, he requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Chapter 10, AR 635-200.

On 11 May 1982, the applicant was separated with a UOHC discharge under the provisions of Chapter 10, AR 635-200.  He had 2 years, 4 months, and 16 days of creditable service and 129 days of lost time due to AWOL.

On 20 April 1983, the Army Discharge Review Board (ADRB) reviewed the applicant’s service record.  The board noted his good service prior to his lengthy period of AWOL and acknowledged that he may have had family problems.  However, the board noted that he had been given an emergency leave to allow him to attend to his problems, but never returned to duty.  The board denied his request for a discharge upgrade.

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.  Army policy states that although an honorable or general discharge is authorized, a discharge UOHC 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 the aforementioned requirement.

2.  The evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  The Board noted that, after consulting with defense counsel, the applicant voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated offense under the UCMJ.  The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It also noted that the characterization of service for this type of discharge is normally UOHC and that the applicant was aware of that prior to requesting discharge.

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

___JH___  __RWG      __DSJ__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014855	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990120	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	19820511	
DISCHARGE AUTHORITY	AR 635-200/10	
DISCHARGE REASON	A71.00	
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.