MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 March 2002
	DOCKET NUMBER:   AR2001062839

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Gail J. Wire		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:  In two separate applications, that his discharge under other than honorable conditions be upgraded to a general discharge.

APPLICANT STATES:  That he was furnished a discharge under other than honorable conditions because he had a desire to remain stateside.  He states that his father died in March 1979 and that he asked for an extension in order to help his mother.  He also states that his wife had also filed for a divorce and that he was in therapy while he was at Fort Sheridan.

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

On 23 February 1976, he enlisted in the Army in Chicago, Illinois, for 4 years in the pay grade of E-3.  

Nonjudicial punishment (NJP) was imposed against the applicant on 8 June 1976, prior to his completing his Advanced Individual Training, for being absent without leave (AWOL) from 1 June until 7 June 1976.  His punishment consisted of a forfeiture of pay and extra duty.

He went on to successfully complete his training as a medical specialist and on 29 August 1976, the applicant was promoted to the pay grade of E-4.

On 25 July 1978, NJP was imposed against him for being AWOL from 19 May through 26 May 1978.  His punishment consisted of a reduction to the pay grade of E-3 and a forfeiture of pay.

The applicant went AWOL again on 22 August 1978, and he remained AWOL until he surrendered to military authorities at Fort Knox, Kentucky, on 9 October 1978.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Report of Separation from Active Duty, DD Form 214, indicates that the applicant was discharged under other than honorable conditions on 8 January 1979, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of trial by court-martial.  He had completed 2 years, 8 months and 7 days of total active service and he had approximately 69 days of lost time due to AWOL.

On 31 July 1981, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.

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.  Although an honorable or general discharge is authorized, 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 the absence of evidence to the contrary, it must be presumed that the applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefore appear to have been appropriate considering all the facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However, they are not supported by either evidence submitted with his applications or the evidence of record.  The record clearly shows that he had NJP imposed against him twice for being AWOL and he went AWOL a third time.  He submitted a request for discharge after being AWOL from August until October 1978 and the records fail to show that he ever stated that his father’s death was the reason for any of his absences.  Considering his numerous acts of misconduct, it appears that his service was appropriately characterized.

4.  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.

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

___inw __  __gjw___  ___rjw  __  DENY APPLICATION

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

INDEX

CASE ID	AR2001062839	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/12	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1978/01/08	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	689	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  708	144.7100	
2.  713	144.7110	
3.		
4.		
5.		
6.