PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  UOHC

2.  Date of discharge (or REFRAD):  880824

3.  Authority for separation:

	a.  Regulation:  Chapter 10, AR 635-200

	b.  Reason:  For The Good of The Service-In Lieu of Court-Martial

4.  Prior review(s):  NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          GCMDL                       
a.  Period entered for: 6 Years                LA/(1)
b.  Entry date: 770623                               
c.  Age: 32 Years   DOB: 450531                                                  
d.  Educational level:  HS Grad                                                 
e.  Aptitude area score:
	    GT: 110                                3.  Highest grade achieved:
    f.  Length of Service:                         E6
        4 Years  1 Months  15 Days                                  
                                                           
                                               4.  Performance evaluations:  
                                                   See OMPF

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  
                                                                    
    Status       Inclusive dates                       
	AWOL         810603-880824;                                                      

	Mil conf     0                                                      

	Civil conf   0                                                      

	Other        0                                                      

6.  Nonjudicial punishment:  

	Date 	Offense(s)
	810328	FTG, two specifications (810511); (810515)
	810505	FTG, two specifications (810403); (810408)

7.  Court-Martial data:  

	a.  SCM:  
	Date	Offense(s)
	790914	Violate a lawful general regulation by wrongfully possessing a
			ration control card belonging to PV1, three specifications;
			(790729); (790729); (790729); Wrongfully possessing an Armed Forces 
			ID Card, A Liberty Pass, and False Temporary Tags belonging to PV1
			(790729).
	
	b.  SPCM:  NONE  
		Date   Offense(s)

	c.  GCM:  NONE	 
		Date   Offense(s)

8.	Remarks:  NONE

SECTION B - Prior Service Data

Other discharge(s):

	Service	From	To	Type Discharge
	AUS	640724	660714	HD
	USAR	660715	670227	NA
	RA	670728	681216	HD
	RA	681217	740918	HD
	RA	740919	770622	HD

PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

	a.  The evidence of record shows that the applicant, while consulting with counsel, completed a Memorandum, Subject:  Admission of AWOL for Administrative Purposes, in which he admitted his guilt to being AWOL from 3 June 1981 to 
20 June 1988.  The applicant made this admission in order that he be allowed to be administratively discharged, under the provisions of Chapter 10, AR 635-200, for the Good of the Service-In Lieu of Trial by Court-Martial.  In this request, the applicant admitted guilt to the AWOL offense and stated his understanding that could be given an under other than honorable conditions (UOHC) discharge.  He further, acknowledged that his defense counsel explained to his complete satisfaction, the legal and social ramifications of this type of discharge and what it would mean to him in the future.  Orders Number 154-14, dated 10 August 1988, issued by Department of the Army, Headquarters, United States Army Armor Center and Fort Knox, Fort Knox, Kentucky, directed that the applicant be discharged effective 24 August 1988.

	b.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which documents that the applicant was separated on 24 August 1988 with a UOHC discharge.  At the time of discharge the applicant had completed 4 years, 1 month, 15 days of his current enlistment, a total of 16 years, 5 months, 2 days of active military service, and having had accrued 2,574 days of time lost due to AWOL.  

	c.  The applicant’s record shows that he completed over 16 years of service, the highest rank he attained while on active duty was staff sergeant/E-6; and that he earned the Armed Forces Expeditionary Medal and five Good Conduct Medals.  He had an extensive disciplinary record for the period of enlistment under review, which included his conviction by summary court-martial which resulted in a reduction to specialist/E-5; and his acceptance of his acceptance of two Article 15’s which resulted in reductions to specialist/E-4 and private first class/E-3.  The applicant went AWOL on 3 June 1981, was dropped from the rolls on 3 July 1981, and did not return to military control until 20 June 1988.  The applicant admitted his guilt to the 2,574 days of AWOL and after consulting counsel, voluntarily requested an administrative separation in order to avoid prosecution.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter l0 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 a discharge for the good of the service in lieu of trial by court-martial.  The requests may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Army policy states that although an honorable or general discharge is authorized, a discharge UOHC is normally considered appropriate.

SECTION B-APPLICANT’S SUBMISSIONS

1.  Issue(s) of propriety and/or equity submitted by applicant or counsel.
    As stated on applicant’s DD Form 293.
2.  Exhibit(s) submitted:
	A-1:  DD Form 293, dated 990414, with one (1) enclosure.
	A-2:  Counsel Issues:  NONE
	B-l:  Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)

SECTION C - Medical and/or Legal Advisory Opinion

Referred to ( ) Medical Advisor      ( ) Legal Advisor

      a.  Medical prehearing comments (if applicable):

      b.  Legal prehearing comments (if applicable):

PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1.  Review/hearing information:

	a. Type requested:
	   ( X ) Records review             (   ) Hearing

	b. Type Held:
	   ( X )Records review              (   ) Hearing
	                                    (   ) Tender Offer

	c. Review/hearing location and date:  Washington, DC on 2 June 1999.

	d. Appearance by:
	   Applicant                 (   ) Yes   ( X ) No
	   Counsel                   (   ) Yes   ( X ) No

	e.  Applicant testified:     (   ) Yes   ( X ) No
	
	f.  Counsel presentation:    (   ) Yes   ( X ) No
	
	g.  Witness(es) testified:   (   ) Yes   ( X ) No
	                                                
2.  Exhibit(s) submitted at hearing:  

PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:

	    ( X )	Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
	    (   )	Revised issue(s) furnished in writing by applicant as follows:
	    (   )	Additional issue(s) identified during review/hearing as follows:

	b.  Request:  ( X ) Recharacterization     (   ) Change of Reason

2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

	a.  Propriety:	The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

	b.  Equity:	The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

        (1)  The issue is rejected.  The Board noted the applicant’s contention that his years of service prior to his going AWOL were honorable and he has been denied many benefits over the years which he is in need of.  However, after carefully examining the applicant’s record of service for the period of enlistment under review, the Board determined that the applicant’s discharge was appropriate.  The evidence of record shows the applicant admitted guilt to an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  The Board noted that, after consulting with defense counsel, the applicant voluntarily, and in writing, requested separation from the Army.  The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge.  Finally, eligibility for veterans benefits is not within the purview of this board; therefore, the applicant being denied these benefits does not provide a basis for relief.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

3.  Response(s) to item(s) not addressed as decisional issue(s):  NONE

PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.	Board conclusion(s):

	The discharge was:

	( X )	Proper.
	(   )	Improper as to characterization.  Change characterization to                                     .
	(   )	Improper as to reason.  Change reason to                         under                      .

	( X )	Equitable.
	(   )	Inequitable as to characterization.  Change characterization to                               .
	(   )	Inequitable as to reason.  Change reason to                       
		under                                 .
	(   )	Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                         .

2.  Voting record:      Change   No Change
	            Reason       0         5  
    Characterization       0         5   

	  The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below.  The request must contain the CASE NO. located in the upper right corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  Promulgation Team
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  NONE  

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

MR. ADRIANCE                           
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:

THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

SUZANNE WALKER    
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge              	C - Other 
B - Material submitted by applicant

INDEX RECORD:

AR Number:  1999025586                    INDEX NUMBERS:  A9217
Date of Review:  990602                                   A9445
Character of Service:  UD                                 A0100
Date of Discharge:  880824                                
Authority:  AR 635-200 C10                                
Reason:  A7100                                            
Results of Board Action/                                  
Vote/Affirmation:  NC 5-0 A                               

PART IX - VOTING RECORD

    Name                                   Reason         Characterization
                                           CHANGE   NC    HON  UHC   NC  UNCHAR
    1. 	Mbr          X                  X       

    2. 	Mbr          X                  X       

    3. 	Mbr          X                  X       

    4. 	Mbr          X                  X       

    5. 	PO           X                  X