MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           21 February 2002
	DOCKET NUMBER:   AR2001061591

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Thomas A. Pagan 		Member	
	Mr. Melvin H. Meyer		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 changed to a medical discharge.

APPLICANT STATES:  In effect, that he suffered a mild stroke in 1984 while on active duty and that the doctors could not tell him why he had the stroke.  He adds that he suffered a second stroke in 1990 and has been unemployed ever since.  He believes that if it had not been for the strokes, he would have made the military a career and would have qualified for retirement.  In support of his application, he submitted a personal statement and various documents from his OMPF.

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

He enlisted in the Regular Army on 21 August 1974 for a period of 3 years and the Continental United States (CONUS) Unit of Choice Enlistment Option – 82nd Airborne Division, Fort Bragg, North Carolina.  Following completion of basic and advanced individual training, the applicant was awarded military occupational specialty (MOS) 11B, Infantryman and transferred to Fort Benning, Georgia, for basic airborne training.  Following completion of basic airborne training, the applicant was awarded MOS 52B, Power Generator Operator/Mechanic and was assigned to Fort Bragg, North Carolina.  On 1 March 1978, the applicant was awarded MOS 63B, Light Wheel Vehicle Mechanic.

On 1 August 1982, the applicant was promoted to the rank of staff sergeant, pay grade E-6.  This was his highest rank.

On 20 November 1985, the applicant was assigned to Aberdeen Proving Grounds, Maryland, for schooling.  On 25 November 1985, he departed his unit in an absent without leave (AWOL) status and remained absent until 6 January 1986. 

The applicant returned to military control on 6 January 1986 at Fort Knox, Kentucky.  He was assigned to the Personnel Control Facility and informed that court-martial charges would be preferred against him.  On 8 January 1986, he was scheduled to take a separation physical examination, but he declined.

Court martial charges were preferred against the applicant on 15 January 1986 for one specification of AWOL totaling 42 days.  On 16 January 1986, after consulting with counsel about his rights, the applicant voluntarily, and in writing, requested discharge under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial.  The applicant elected not to submit a statement in his own behalf.  The chain of command recommended approval of the applicant’s request for discharge with a UOTHC discharge.  On 28 February 1986, the appropriate authority approved the applicant’s request for discharge and directed issuance of a UOTHC discharge.  Accordingly, on 28 March 1986, the applicant was discharged from the Army after completing 11 years, 7 months, and 5 days of creditable military service and accruing 42 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, 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.  

The applicant appealed to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 9 March 1991.  On 9 December 1994, the ADRB denied the applicant’s request for an upgrade of his 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.  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 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 offense of AWOL 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.

3.  The Board concluded that the applicant’s administrative discharge under the provisions of chapter 10, AR 635-200 in lieu of trial by court-martial was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.

4.  The Board noted the applicant’s references to having had a stroke while in the military; however, there was no evidence in his official record to support this claim.  It is, however, noted that the applicant’s medical records were not available for review.

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

__GDP__  __TAP __  __MHM__  DENY APPLICATION

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

INDEX

CASE ID	AR2001061591	
SUFFIX		
RECON		
DATE BOARDED	20020221	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19860328	
DISCHARGE AUTHORITY	AR 635-200, c10	
DISCHARGE REASON	In lieu of trial by court-martial	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.