MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 26 September 2002
         DOCKET NUMBER: AR2002070888

         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. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Mr. Raymond J. Wagner		Member
Ms. Karen Y. Fletcher		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 under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge under honorable conditions.

APPLICANT STATES: That he has mental problems and he is working with medical personnel to help him improve his condition. In support of his request, he submits: medical treatment documents from 1981-1999; a Department of Veterans Affairs claims statement; and a statement from his psychiatrist. The documents that the applicant submitted state that he had a history of psychological dysfunction prior to entering the military and that he was tested and diagnosed as having a "schizophrenic disorder" in November 1981.

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

He enlisted in the Delayed Entry Program (DEP) on 23 October 1979. On the same date, he underwent an entrance physical examination and was found fit for enlistment, with no indications of psychological problems.

On 28 November 1979, he was discharged from the DEP and he enlisted in the Regular Army for 3 years and training in military occupational specialty (MOS) 64C (Motor Transport Operator). Following completion of all required military training, he was awarded MOS 64C and assigned to Fort Riley, Kansas, on 18 April 1980.

The applicant was absent without leave (AWOL) from his unit during the period 10-13 June 1980. Nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, was imposed against the applicant for this period of AWOL. The NJP proceedings are no longer contained in his official military personnel file.

The applicant went AWOL again from 8 November 1980 - 17 April 1981, he surrendered to military authorities at Fort Leonard Wood, Missouri. On 21 April 1981, he was transferred to the Personnel Control Facility, Fort Sill, Oklahoma.

On 23 April 1981, the applicant underwent a mental status evaluation and he was psychiatrically cleared for any administrative action deemed appropriate by his chain of command, to include separation. The applicant authenticated a statement with his own signature in which he declined a medical examination for separation.

On 23 April 1981, court-martial charges were preferred against the applicant for the above period of AWOL from 8 November 1980-17 April 1981.


On 24 April 1981, the applicant consulted with legal counsel and requested discharge for the good of the service in lieu of trial by court-martial under the provisions of chapter 10, Army Regulation 635-200. He was advised that he could receive a UOTHC discharge. He authenticated a statement with his signature acknowledging that he understood the ramifications and effects of receiving a UOTHC discharge. The applicant did not submit a statement in his own behalf.

Also on 24 April 1981, the applicant asked that he be placed on excess leave to await final disposition on his request for separation in lieu of trial by court-martial. The excess leave request was approved and the applicant departed on excess leave on 24 April 1981.

On 29 April 1981, the applicant’s unit commander recommended approval of the applicant’s request for separation with a UOTHC discharge. The applicant's commander cited the basis for his recommendation was that the applicant had become disillusioned with the military and he believed further retention of the applicant would not be in the best interest of the Army.

On 6 May 1981, the separation authority approved the recommendation and directed that the applicant be separated with a UOTHC discharge in pay grade
E-1.

On 15 May 1981, the applicant was separated in absentia under the provisions of chapter 10, Army Regulation 635-200 with a UOTHC discharge, due to conduct triable by court-martial. He had completed 1 year and 4 days of active military service and he had 165 days of lost time due to being AWOL.

There is no evidence that the applicant ever applied to the Army Discharge Review Board for review of his discharge under that board's 15-year statute of limitations.

Documents presented by the applicant in support of his application indicate that he was involuntarily committed to a civilian hospital's psychiatric unit on 13 November 1981 and that he has been in and out of such facilities since that time. He has been diagnosed as a paranoid schizophrenic.

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 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 was authorized, a UOTHC discharge was considered appropriate.

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 an administrative separation under the provisions of Army Regulation 635-200, chapter 10, due to conduct triable by court 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 Board took into consideration the applicant's entire record of service and was convinced that both the reason for discharge and the characterization of service were appropriate considering the facts surrounding his discharge.

4. The applicant's entrance physical examination found him fit for enlistment and without any psychological problems. He underwent a mental status evaluation during the separation process and he was determined not to have any problems at the time of separation. Additionally, there is no evidence that the applicant ever sought assistance through his chain of command for any type of psychological problems.

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.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__rvo___ __rjw___ __kyf___ DENY APPLICATION

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

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INDEX

CASE ID	AR2002070888
SUFFIX
RECON
DATE BOARDED	20020926
TYPE OF DISCHARGE	(UOTHC)
DATE OF DISCHARGE	19810515
DISCHARGE AUTHORITY	AR635-200, Ch 10
DISCHARGE REASON	A01.33
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	144.0133
2.
3.
4.
5.
6.