MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 March 2003                  
	DOCKET NUMBER:   AR2002075318

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr.  Walter T. Morrison		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Frank C. Jones, II		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 upgrade to honorable.

APPLICANT STATES:  That his discharge should be upgraded to honorable because he wants to rejoin the Army.  He relates that he really liked being in the Army but that he could not adjust to being married.  He believes that he would succeed if allowed to re-enlist.  He has the support of his wife and he is in better physical shape and has learned many valuable skills since his discharge.  He is also in better physical condition than he was when he was in the Army.  If allowed to reenlist, he believes he would succeed because he is better prepared, more highly motivated and he has the support of his family.  

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

He enlisted in the Regular Army and entered active duty on 22 November 1988.  He completed training as an infantryman, basic airborne training and was advanced to pay grade E-3.  He served approximately 1½ years without a discreditable incident of record.  On 28 August 1990, while under orders to Germany, the applicant became absent without leave and remained so until 11 December 1995.  

When charges were preferred for that offense under the Uniform Code of Military Justice (UCMJ) the applicant consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial.  He admitted that he was guilty as charged or of a lesser-included offense for which he could also receive a punitive discharge.  He acknowledged that he understood the nature and consequences of his request including that he might receive a discharge under other than honorable conditions and that would be deprived of benefits administered by the Department of Veterans Affairs and that he might also lose other benefits under Federal and state laws.  He stated that he could expect to encounter considerable prejudice in civilian life because of the discharge and that there were no provisions for automatic upgrading of any discharge.  

The separation authority approved the applicant's request and directed that a discharge under other than honorable conditions be issued.  On 28 February 1996 the applicant was separated under the provisions of Army Regulation 
635-200 chapter, 10.  He had 1 year, 10 months and 28 days of creditable service and 5 years, 3 months lost time.

On 21 February 1997 the Army Discharge Review Board denied the applicant's request to upgrade 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.  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.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

2.  The applicant's offense far outweighs the mitigation provided by his limited creditable service and his avowed desire to reenter the service.

3.  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.

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

__WTM__  ___LDS _  __FCJ __  DENY APPLICATION

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

INDEX

CASE ID	AR2002075318	
SUFFIX		
RECON		
DATE BOARDED	20030306	
TYPE OF DISCHARGE	(HD, GD, UOTHC	
DATE OF DISCHARGE	19960228	
DISCHARGE AUTHORITY	AR635-200, chapter 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.