MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 28 August 2001
         DOCKET NUMBER: AR2001060747

         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
Mrs. Nancy Amos		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Richard T. Dunbar		Member
Mr. Donald P. Hupman, Jr.		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)

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APPLICANT REQUESTS: That his discharge under other than honorable conditions (UOTHC) be upgraded to honorable.

APPLICANT STATES: That he feels his discharge should have been honorable. He feels that now and since his discharge he has been a productive citizen and taxpayer. As supporting evidence he provides a letter from the county veterans affairs office to the Army Discharge Review Board (ADRB) explaining the timeline of the applicant’s submission, two character witness statements, his driving record over the past 10 years, a county sheriff’s department statement indicating he had one conviction for criminal domestic violence in November 1999, a certificate showing he completed 26 sessions of domestic abuse counseling, and a statement from his mortgage company.

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

He enlisted in the Regular Army on 13 June 1979. He completed basic training and advanced individual training and was awarded military occupational specialty 13B (Cannon Crewman). He was promoted to Sergeant, E-5 on 1 August 1984. He was reduced to Specialist, E-4 on an unknown date.

An ADAPCP Client Progress Report (CPR), DA Form 4466, dated 12 November 1986 indicates it was the applicant’s third CPR. The counselor checked his assessment of the applicant’s progress during rehabilitation as “unsatisfactory.” The commander checked his appraisal of the applicant’s progress and military effectiveness as efficiency – “satisfactory” and conduct – “unsatisfactory.”

The applicant departed absent without leave (AWOL) on 12 November 1986 and was apprehended by civilian authorities and returned to military control on 12 February 1987.

On 15 February 1987, the applicant opted not to have a separation physical.

On 18 February 1987, court-martial charges were preferred against the applicant charging him with AWOL for the period 12 November 1986 to on or about 12 February 1987.

On 19 February 1987, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial. 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 Veterans Administration benefits. He submitted a statement in his own behalf. He stated that he went AWOL because he was having family problems and his chain of command did not help him. His wife was pregnant and his command was giving him a hard time because he had to take his wife to the hospital every other day after the baby was overdue. His son was born in September 1986 and he came down on assignment to Germany in October with a report date in November 1986. He asked his command to get his assignment deleted but they would not help him. He had to move his wife back to South Carolina. He could not cope with the situation, had a couple of drinks one night, and his supervisor said he had alcohol on his breath when he went to work the next day. He was given a blood and alcohol test and he was reduced to E-4. Then he was given a bar to reenlistment and told his chances of taking his family to Germany were “none.” So he left. He decided to turn himself over to the police after he knew he was AWOL.

On 3 March 1987, the appropriate authority approved the request and directed the applicant receive a discharge UOTHC.

On 8 April 1987, the applicant was discharged with a discharge UOTHC, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial. He had completed 7 years, 6 months and 26 days of creditable active service and had 92 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.

Army Regulation 635-200 states in pertinent part that an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. A general discharge is a separation from the Army under honorable conditions. It is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

On 30 July 2001, the ADRB upgraded the applicant’s discharge to general under honorable conditions. The majority found that his misconduct was mitigated by his exemplary post-service accomplishments.

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 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.

2. 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. There is no indication that the request was made under coercion or duress.

3. The applicant’s discharge was upgraded by the ADRB to general under honorable conditions. The Board concludes that the quality of his service did not generally meet the standards of acceptable conduct and performance of duty for Army personnel and was not otherwise so meritorious that a further upgrade to fully honorable would be clearly appropriate.

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

__jns___ __rtd___ __dph___ DENY APPLICATION

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

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INDEX

CASE ID	AR2001060747
SUFFIX
RECON
DATE BOARDED	20010828
TYPE OF DISCHARGE	UOTHC
DATE OF DISCHARGE	19870408
DISCHARGE AUTHORITY	AR 635-200, ch 10
DISCHARGE REASON	A70.00
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	110.00
2.
3.
4.
5.
6.