MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            30 JANUARY 2003                  
	DOCKET NUMBER:   AR2002077904

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Yalonda Maldonado		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 records be corrected by upgrading his discharge.

APPLICANT STATES:  In effect, that he was harassed, and after numerous complaints through his chain of command went unanswered he chose to go AWOL (absent without leave), and that after approximately 6 months of being AWOL he turned himself.  At the time of his discharge he was offered the option to remain in the Army, but had lost faith in the Army’s handling of his case and opted to be released, and was told that he would be able to have his discharge upgraded.  The applicant submits no evidence in support of his request.

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

The applicant enlisted in the Regular Army on 25 June 1979, for a period of 
3 years.  

On 1 April 1980 he went AWOL, and remained so until he surrendered to military authorities at Fort Hood, Texas, on 1 October 1980.  

On 14 October 1980, the applicant voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He acknowledged that he was guilty of the charges against him, waived representation by counsel, and elected not to submit statements in his own behalf.  He further acknowledged that he had been advised and understood the possible effects of receiving an other than honorable discharge. 

On 4 November 1980, the applicant was reduced to the pay grade of E-1, with an effective date of 31 October 1980.

All of the facts and circumstances surrounding the administrative discharge procedures are not in the available records, however, on 12 November 1980, he was discharged for the good of the service, under other than honorable conditions.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he had 10 months and 14 days of active service and 138 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.  There is no evidence in the available records to demonstrate that the applicant was the victim of harassment.  

2.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with his overall record.

3.  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.  

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 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

__WTM _  __CJP___  __YM ___  DENY APPLICATION

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

INDEX

CASE ID	AR2002077904	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030130	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.