MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  13 June 2002
	DOCKET NUMBER:  AR2001065625

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Donald P. Hupman		Member	
	Ms. Barbara J. Ellis		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 under other than honorable conditions discharge be changed to a general discharge.  He also states that his date of birth (DOB) and dates of service are incorrect.

APPLICANT STATES:  That his year of birth is 1955 not 1954 and he entered the Army in 1977 not 1980.  He provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 January 1984, a copy of his Certificate of Birth, and Social Security Earnings Summary in support of his application.

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

He enlisted in the Army National Guard for 6 years on 1 August 1977.  He completed his initial active duty for training from 27 November 1977 through 27 April 1978 (5 months and 1 day).  His DA Form 2-1 (Qualification Record) shows that he was involuntarily ordered to active duty on 1 August 1979.

Effective 19 August 1980, he reenlisted in the Regular Army for 3 years.  He was promoted to the pay grade of E-5 effective 8 August 1982.  On 3 November 1982, the applicant was punished under Article 15, Uniform Code of Military Justice (UCMJ) for making a false written statement.  His punishment included reduction to the pay grade of E-4.  He was punished again under Article 15, UCMJ, on 9 February 1983 for 13 days absent without leave (AWOL).  His punishment included reduction to the pay grade of E-3.

The applicant was AWOL again from 9 February through 1 December 1983.  On 5 December 1983, charges for the AWOL offense were preferred.  On 7 December 1983, after consulting with counsel, the applicant requested discharge for the good of the service in lieu of trial by court-martial.  In his request he acknowledged that he was guilty of the offense and he did not desire to perform further military service.  He also acknowledged that the type of discharge he might receive could result in the loss of many or all Army and Veterans Administration (VA) benefits.  He declined to submit statements in his own behalf.

The action by the separation authority is not in the record; however, on 31 January 1984, the applicant was separated under other than honorable conditions under the authority of Army Regulation 635-200, chapter 10.  His DD Form 214 shows his date of entry on active duty for the current period of service as 19 August 1980 and his active service for the current period as 2 years, 7 months, and 20 days.  It shows his total prior inactive service as 2 years, 7 months, and 19 days.

The applicant’s Certificate of Birth and Social Security Earnings Summary shows his birth year as 1955.  All of the applicant’s military records show a year of birth of 1954 including documents prepared in his own hand.

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.

There is no evidence of record that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within the 15-year time limit.

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 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.

2.  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 VA benefits.  He was afforded the opportunity to submit statements in his own behalf, but he declined to do so.

3.  The applicant’s entire military record reflects his year of birth as 1954 including documents prepared by the applicant.  Although he has now submitted documentation to show that his correct year of birth was 1955, he has not shown harm or injustice arising from this.  The copy of his Certificate of Birth will be added to his records.

4.  The applicant’s DD Form 214 will be administratively corrected to show: 1 August 1979 as the date he entered active duty, 4 years, 5 months, and 30 days as his net active service for the period, and 2 years, 0 months, and 0 days as his prior inactive service.

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.

NOTE:  The Army Review Boards Agency Support Division will be asked to administratively correct the applicant’s DD Form 214, dated 31 January 1984 to show: 1 August 1979 as the date he entered active duty, 4 years, 5 months, and 30 days as his net active service for the period, and 2 years, 0 months, and 0 days as his prior inactive service.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__ca___  ___dh_____  ___be___  DENY APPLICATION

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

INDEX

CASE ID	AR2001065625	
SUFFIX		
RECON		
DATE BOARDED	20020613	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19840131	
DISCHARGE AUTHORITY	AR 635-200, CH 10	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.