MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            11 June 2002
	DOCKET NUMBER:   AR2001065362

	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. Maria C. Sanchez		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Harry B. Oberg		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 discharge be upgraded.

APPLICANT STATES:  In effect, that he was only 18 years old and painfully immature when he entered the Army and that it was the first time he had been away from home for longer than a week.  He states that he did not adapt to the military life and that it was very difficult for him.  In his self authored letter he contends that he wanted to go home so bad that he took the first offer his Captain made to him which was an undesirable discharge, and was told he could have it upgraded in six months time.  He says he loves his country, he has owned and operated his own business for 15 years, and he has answered the call to the ministry.

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

The applicant entered active duty on 30 December 1977 at the age of 19 with a high school education.  He successfully completed basic and advanced individual training and in May 1978 was assigned to Fort Ord, California.

In July 1978, the applicant commenced a series of absent without leave (AWOL) periods, which resulted in his punishment under Article 15 of the UCMJ (Uniform Code of Military Justice) on four separate occasions.

The facts and circumstances surrounding the applicant’s administrative discharge are not present in the available records.  However, his records do contain a duly constituted report of separation (DD Form 214) signed by the applicant which indicates that he was discharged on 17 November 1978, under other than honorable conditions under the provisions of Army Regulation 635‑200, chapter 14, for frequent involvement in incidents of a discreditable nature with civil or military authorities.  He had served 9 months, and 27 days of total active service and had 21 days of lost time.  

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

Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 14 established the policy and prescribes procedures for separating members for various types of misconduct that included frequent involvement in incidents of a discreditable nature with civil or military authorities.  It provided that action would be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely

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, the Board presumes that the applicant’s discharge was accomplished in compliance with applicable laws and regulations with no indication of procedural errors, which would tend to jeopardize his rights.

2.  While the Board has considered the applicant’s age at the time of the military service and his good post-service conduct, none of these factors, either individually or in sum, warrant the relief requested.  Additionally, the Board notes that the applicant, was 19 years old when he enlisted and that he successfully completed basic and advanced individual training and was promoted to pay grade E-2

3.  The applicant has presented no evidence that there were any mitigating factors that would excuse, or justify his absence without leave on four occasions.

4.  In order to justify correction of 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 that 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

__fe ____  __ra ____  __hbo___  DENY APPLICATION

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

INDEX

CASE ID	AR2001065362	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/11	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1978/11/17	
DISCHARGE AUTHORITY	AR 635-200, chapter 14	
DISCHARGE REASON	Discreditable nature w/civ or mil authorities	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.