MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 29 October 2002
         DOCKET NUMBER: AR2002073003

         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. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy		Chairperson
Ms. Barbara J. Lutz		Member
Mr. Thomas A. Pagan		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 characterized as under other than honorable conditions (UOTHC) be upgraded to an honorable discharge.

APPLICANT STATES: In effect, that he was discharged due to misconduct of officers with prejudice and racism. In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

He provides a copy of a letter to a Member of Congress, dated 23 April 2002, to support his request. He states that he made several attempts to solicit assistance from the Veterans Administration (VA) and the Department of Labor in an effort to retrieve a copy of his DD Form 214, in order to obtain an upgrade of his discharge. He is a homeless veteran and needs assistance in obtaining housing and employment. His journey has been met with much resistance and that he has been overlooked, disregarded, and discounted for many years and has basically given up in obtaining assistance. It has been many years since he
received some valuable and insightful direction and guidance from personnel. He will attempt to provide a brief history of events that occurred during his period of service.

During basic training, he and a white soldier were called before the company commander and were informed that only one of them would be chosen to attend Officer Candidate School (OCS). The white soldier was selected even though he had higher grades. He was later given an explanation that the white soldier was older and that it would be harder for him to be ranked, which was evident to him that a degree of racism and prejudice had occurred.

He was reassigned to a medical unit, which was part of an infantry group. While on the firing range, he discovered that a soldier was injured and performed
mouth to mouth resuscitation. After the soldier became conscious and realized that he was the one that revived him, he became belligerent and demanded to know why he had been given mouth to mouth by a "Nigger." This incident
was the beginning of several racial episodes.

He resided on and off post and discovered several notes stating "kill that nigger" and a slew of racial slurs. He requested transfer, which was ignored by his command and denied. He was punished due to his consistent request for transfer and was confined. Threatening racial notes continued and at that point he decided to go AWOL. He remained AWOL for approximately 2 years. Since his discharge, he was hospitalized and attempted to obtain documentation that would entitle him to VA benefits.

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

On 24 October 1978, he enlisted as a medical specialist.

On 31 January 1979, he was punished under Article 15, Uniform Code of Military Justice (UCMJ), for being absent without leave (AWOL) from 4 to 17 January 1979 (14 days). His punishment consisted of a forfeiture of pay.

The applicant was AWOL again on 4 September 1979. He was apprehended and returned to military control on 13 March 1986. Charges were preferred against the applicant on 19 March 1986, for being AWOL from 4 September 1979 to 13 March 1986 (2,381 days).

On 19 March 1986, he consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial, under the provisions of Army Regulation 635-200, chapter 10. In doing so, he acknowledged guilt of the offense charged and acknowledged that he might encounter substantial prejudice in civilian life and might be ineligible for many or all benefits administered by the Veterans Administration (VA) if a discharge under other than honorable conditions were issued. He also elected not to submit a statement in his own behalf.

On 21 April 1986, the separation authority approved the applicant’s request for discharge and directed that he be furnished an Under Other Than Honorable Conditions Discharge. The applicant was discharged on 20 May 1986.

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

Army Regulation 635-200 sets forth the basic authority for 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 at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. A discharge under other than honorable conditions is normally 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. 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.




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. The type of discharge directed and the reasons for that separation were appropriate considering all of the facts of the case.

3. The Board notes the applicant's contentions that he was discharged due to misconduct of other officers with prejudice and racism; however, there is no evidence in the available records, and the applicant has provided no evidence, to support his contentions. The Board also notes that the applicant waived his rights to a personal appearance before a board of officers, waived representation by counsel, and was afforded the opportunity to submit statements in his own behalf during the process, but declined to do so.

4. The applicant's history of events described by him are noted by the Board; however, the applicant has failed to provide sufficient evidence to substantiate,
to any degree, that the events occurred.

5. The Board notes the applicant's extensive absence totaling 2,395 days during his period of service. Such a quantity of absence is too serious to be excused or to warrant relief.

6. 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.

7. 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

___kk___ ___bl___ ___tp___ DENY APPLICATION

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

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INDEX

CASE ID	AR2002073003
SUFFIX
RECON
DATE BOARDED	20021029
TYPE OF DISCHARGE	UOTHC
DATE OF DISCHARGE	19860520
DISCHARGE AUTHORITY	AR 635-200, chapter 10
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 189
2.
3.
4.
5.
6.