MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 March 1999                  
	DOCKET NUMBER:   AR1999022720

	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. Ed Clark		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. John H. Kerr		Member	
	Mr. Walter T. Morrison		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 honorable.

APPLICANT STATES:  That he was young and immature at the time.

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

He was born on 4 December 1979.  On 4 December 1979, at age 18, he was enlisted in the Regular Army for a period of 3 years.

On 11 March 1980 his commander determined that he was AWOL.

On 13 April 1980 he was dropped from the rolls of his unit as a deserter.

On 17 July 1980 he was returned to military control.

On 28 July 1980, after being counseled by a military lawyer, he submitted a request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10.  In a separate statement he wrote, in part, "Sir I want out of the Army because its not me or for me.  I cannot adapt to military life, I've tried but can't make it." 

On 25 August 1980 his request was approved by the convening authority, a major general, who directed that he be discharged UOTHC. 

On 15 September 1980, with 5 months and 6 days total active service, he was discharged.

There is no indication in the available records that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

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 UOTHC is normally considered appropriate. 

The Manual for Courts-Martial, Appendix 12, shows that the maximum punishment for an individual who is convicted of being absent without authority from his or her unit for more than 30 days is a bad conduct discharge, confinement for 1 year, and forfeiture of all pay and allowances.

Army Regulation 635-200, paragraph 3-7, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant entered active duty on 4 December 1979.  Approximately 
3 months later, on 11 March 1980, he was determined to be AWOL.  Following his return to military control, and after consulting with a military lawyer, he elected to submit a request for discharge in lieu of trial by court martial.  His request was approved.  Had he been convicted by a court-martial, the punishment could have been a bad conduct discharge, confinement for 1 year, and forfeiture of all pay and allowances.

2.  The applicant's contention that he was young and immature at the time is not sufficiently mitigating to warrant relief.

3.  The applicant's separation under the provisions of Army Regulation 
635-200, chapter 10, and his discharge UOTHC  was correct and in accordance with regulation.

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

CWB____  JHK____  WTM____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022720	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 March 31	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.