MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           7 August 2003                  
	DOCKET NUMBER:   AR2002082416

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern  		Member	
	Ms. Mae M. Bullock		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 for his last period of service be upgraded.

APPLICANT STATES:  In effect, he was caught with drugs and, at his Commanding Officer’s recommendation, accepted an Article 15 (nonjudicial punishment under Article 15, Uniform Code of Military Justice).  His punishment was harsher than he had been told it would be and went AWOL (absent without leave) to get out of the service.

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

The applicant entered active duty on 7 December 1973.  He reenlisted on 17 March 1976. 

During the applicant’s second period of service he received NJP on 23 August 1976 for possession of marijuana.  The punishment included reduction from E-4 to E-1, forfeiture of  $180 per month for one month, and 30 days extra duty.

The applicant is shown to have gone AWOL 4 October 1976 through 13 October 1976, 30 October 1976 through 8 November 1976, and 29 November 1976 through 26 February 1977.

Upon his surrender to military authorities he was placed in confinement from 27 February 1977 through 6 March 1977.

Court-martial charges were preferred against the applicant for his three periods of AWOL.

On 7 March 1977, after consulting with counsel the applicant submitted a request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10.  He acknowledged that by submitting the request he was guilty of the charges or lesser included charges.  He acknowledged that he could receive an Undesirable Discharge, which could deprive him of many or all benefits as a veteran.  He submitted a statement on his own behalf wherein he stated that after his reenlistment he had been having marital problem and when his wife left him things “just fell apart”.  

The separation authority approved the applicant's request and directed that he be separated with an undesirable discharge.

On 27 April 1977 the applicant was separated under the provisions of Army Regulation 635-200, chapter 10.  He had 9 months and 24 days for this period and 110 days 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 at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge under other than honorable conditions is normally considered appropriate.  

The Manual for Courts-Martial, Table of Maximum Punishments, sets forth the maximum punishments for offenses chargeable under the UCMJ.  A punitive discharge is authorized for Article 86, for periods of AWOL in excess of 30 days.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service for this period of service.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request for an upgrade on his discharge.

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

__AAO__  __TBR___  __MMB _  DENY APPLICATION

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

INDEX

CASE ID	AR2002082416	
SUFFIX		
RECON		
DATE BOARDED	20030807	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	Up grade drug discharge	
2.		
3.		
4.		
5.		
6.