MEMORANDUM OF CONSIDERATION



         IN THE CASE OF:



         BOARD DATE: 20 June 2002
         DOCKET NUMBER: AR2002068103

         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. Antoinette Farley		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. Roger W. Able		Member
Mr. John T. Meixell		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 the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

         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: In essence, that his under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge.

APPLICANT STATES: “I…would like to request an upgrade on my discharge from the U.S. Army. I joined the Army on November 22, 1978 and was discharged on May 22, 1981. My discharge was termed Under Other Than Honorable Conditions. I did not report back to regular duty after going home on leave. I am very proud to have served in the U.S. Army, but very ashamed and embarrassed about the way I got out. I made a foolish decision to stay at home instead of reporting back on time. As with any young soldier, this would not have been an option if our country had been at war. I was eager to fight like most of the other young men….On 26 April 1983, I gave my life to Christ. I have been a faithful and active church member ever since. On May 26, 1984, I married a Christian young lady. I have been a hard worker and supporter of my family. God has blessed me with good health. I do not remember the last time that I missed work because I was sick….With Christ in my life, my love for people and my country has increased....I am very thankful to live in our great
country....Please see fit to upgrade my discharge. I have attached a letter of recommendation and a copy of my Certificate of Release or Discharge From Active Duty form.”

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

The applicant entered active duty for 4 years on 22 November 1978. He completed both basic combat training and advanced individual training at Fort Knox, Kentucky. He was awarded military occupational specialty (MOS)
13B10 (Cannon Crewman).

On 15 July 1979, the applicant was listed as being absent without leave (AWOL).

On 14 January 1981, he was apprehended by civilian authorities and returned to military control at the Personnel Control Facility, Fort Knox, Kentucky, where he was placed in a duty status.

On 22 January 1981, he was counseled on the requirements for completion of a medical examination prior to separation. He chose to waive his rights to have a medical examination.

On 23 January 1981, a of mental status evaluation cleared him for separation, with no further indication of any outstanding medical or mental conditions.

On 27 January 1981, court-martial charges were preferred against the applicant for being AWOL from 15 July 1979 to 14 January 1981.

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On the same day, the applicant consulted with counsel and voluntarily requested discharge under the provisions of chapter 10, Army Regulation AR 635-200, for the good of the service in lieu of trial by court-martial. His request acknowledged that he was guilty as charged or of a lesser-included offense for which he could receive a punitive discharge. He indicated that he did not desire further rehabilitation and that he had no desire to perform military service. He acknowledged that he understood the nature and consequences of the UOTHC discharge that he might receive, including that he might lose some or all veteran benefits. In his own behalf, he stated that he was 24 years old and had finished 12th grade in high school. The reason he joined the Army was that he wanted to see what the Army was all about and wanted to go into electronics. Unfortunately, he was unable to get into the electronic field, instead he became 13B Field Artillery. He regretted getting out of the Army with a chapter 10. His father was a farmer and became very ill. He felt that it would be the best for his family if he could go home to help on the farm.

On 28 January 1981, his chain of command recommended that the applicant be separated with an under than honorable conditions (UOTHC) discharge.

On 4 May 1981, the separation authority approved the applicant’s request and directed an UOTHC discharge and reduction to Private E-1 prior to execution of the discharge.

On 22 May 1981 he was separated with a UOTHC discharge for the good of the service, in lieu of trial by court-martial, under the provision of chapter 10, Army Regulation 635-200. He had completed 1 year and 2 days of creditable service and had 549 days of lost time due to being AWOL.

There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

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. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

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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. The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

2. The applicant's contention that he was young at the time of enlistment with an apparent lack of maturity is not accepted by the Board. The Board noted that the applicant met entrance qualification standards to include age. The Board also found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service. Further, his good post service conduct and actions are commendable. However, neither of these factors overcome the serious nature of the offense, therefore it is not sufficiently mitigating to warrant relief.

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

__RVO _ __RWA _ ___JTM _ DENY APPLICATION

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

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INDEX

CASE ID	AR2002068103
SUFFIX
RECON
DATE BOARDED	20020620
TYPE OF DISCHARGE	UOTHC
DATE OF DISCHARGE
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	Chapter 10
BOARD DECISION	DENY
REVIEW AUTHORITY	Director
ISSUES 1.
2.
3.
4.
5.
6.