MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 February 2002                   
	DOCKET NUMBER:   AR2001065511

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John E. Denning		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 be upgraded to honorable.

APPLICANT STATES:  That it took so long to get out of Korea that he missed his father’s funeral.  He was given an extension on his leave over the phone so he could take care of business.  He was then charged with being absent without leave (AWOL).  He took the discharge rather than go into confinement.  He is currently homeless and is seeking help from the Department of Veterans Affairs. He had a drug problem at one time but has been clean for several years now.  He provides no supporting evidence.

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

He enlisted in the Regular Army on 6 April 1984.  He completed basic training and advanced individual training and was awarded military occupational specialty 13R (Field Artillery Firefinder).  

The applicant was assigned to Korea on 10 September 1984.  On an unknown date, he was given leave apparently to return to the States for his father’s funeral.  His duty status was changed from ordinary leave to AWOL effective    20 May 1985.  He surrendered to military authorities on 10 September 1985.
When he completed a Personnel Control Facility Interview Sheet, he indicated that he went AWOL while home on leave for his father’s death.  His mother took sick and he thought he was needed at home.  He went to his recruiter’s office for a week trying to get in touch with his unit.  He could not contact them so he stayed home.  When his mother got better, he turned himself in.  It was noted on this form that he did not try to contact the Red Cross.

On 10 September 1985, the applicant elected not to take a separation physical examination.

On 12 September 1985, court-martial charges were preferred against the applicant charging him with AWOL from on or about 24 May 1985 to on or about  10 September 1985. 

On 16 September 1985, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation     635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits.  He elected not to submit a statement in his own behalf.

On 2 December 1985, the appropriate authority approved the request and directed the applicant receive a discharge under other than honorable conditions.

On 30 January 1986, the applicant was discharged with a discharge under other than honorable conditions, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial.  He had completed 1 year, 6 months, and 5 days of creditable active service and had 113 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 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.  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 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 applicant’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.  There is no indication that the request was made under coercion or duress.

3.  The Board notes that the applicant’s current contention that he was given an extension of leave over the phone but was charged with being AWOL anyway is different from his contention at the time that he tried to contact his unit through the services of his recruiter but was unable to do so.  While the Board sympathizes with the applicant’s reasons for wanting a leave extension, the Board notes that the most leave he would have received would have been 30 days.  He was AWOL for a total of 113 days.

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

__jns___  __bje___  __jed___  DENY APPLICATION

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

INDEX

CASE ID	AR2001065511	
SUFFIX		
RECON		
DATE BOARDED	20020214	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19850130	
DISCHARGE AUTHORITY	AR 635-200, ch 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.