MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           10 January 2002
	DOCKET NUMBER:   AR2001063985

	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	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. John T. Meixell		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 (UOTHC) discharge be upgraded to an honorable or general discharge.

APPLICANT STATES:  In effect, that he is divorced with custody of his infant son.  His son has multiple, major medical problems caused by his premature birth.  Applicant requires an under honorable conditions discharge in order to become a law enforcement officer in Texas.  He needs this job in order to care for his son.  In support of his request, he submits documentation to show that his son is in poor health and that he requires at least a general discharge in order to become a law enforcement officer in Texas.

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

He enlisted in the Regular Army on 28 January 1997.  At the time of his enlistment, he was 20 years old and married.  His son was born prematurely on 4 December 1997 and has cerebral palsy and multiple medical ailments.

The applicant was absent without leave (AWOL) when his son was born.  He was AWOL during the periods 6 April-2 May 1997, 3-20 May 1997, and 16 June 1997 to 6 January 1998.  Upon his return to military control, court-martial charges were preferred against him and, after consulting with legal counsel, he requested separation for the good of the service in lieu of trial by court-martial under the provisions of chapter 10, AR 635-200.

The applicant was separated with a UOTHC discharge on 10 April 1998.  His DD Form 214 (Certificate of Release or Discharge From Active Duty) reflects that he had 6 months and 3 days of creditable active Federal service and 250 days of lost time.

The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade.  He was given a personal appearance before a travel panel of the board on 29 February 2000 and the board heard his case on 9 March 2000.  The ADRB denied his request for a discharge upgrade.

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 sympathizes with the applicant's situation regarding his son and understands that he cannot become a law enforcement officer with a UOTHC discharge; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.

3.  The applicant’s discharge proceedings were conducted in accordance with applicable law and regulations.  The character of the discharge is commensurate with the applicant's overall record of military service.

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

__fne____  __tsk____ __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001063985	
SUFFIX		
RECON		
DATE BOARDED	20020110	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19980510	
DISCHARGE AUTHORITY	AR 635-200 C10	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.