MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 13 February 2003
         DOCKET NUMBER: AR2002075795

         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:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. Robert J. Osborn		Member
Ms. Gail J. Wire		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: In effect, that his discharge characterized as under other than honorable conditions (UOTHC) be upgraded to honorable.
APPLICANT STATES: That his UOTHC should be upgraded to honorable.
In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge).

The applicant submits an additional statement to his application. He states that his UOTHC discharge was inequitable because it was based on one incident within 10 years of service and no other serious problems. His spouse had never been away from her family and shortly after he married he was transferred to Germany. He was later transferred to Fort Carson, Colorado and was alerted for reassignment to Korea. He informed his spouse who felt alone and abandoned.

Prior to going AWOL, he attempted to solve his personal problems with his lieutenant. He requested assistance in delaying his transfer to Korea for a few months in order to resettle his family. His officer's attitude was "go to Korea or get out." He felt alone with his personal problems and felt like he was a failure to the Army and his family. He also felt that his lieutenant was not qualified to assist him with his problem because he was young, inexperienced, and was unaware of the options available. He was not provided any counseling or assistance. He later discovered that there should have been an ombudsman made available to assist his spouse in getting acclimated to her new location.

His intention was not to go AWOL. He thought that if he could relocate his family to Texas then he could return to his unit within a few days and accept his punishment, be reassigned to Korea, and everything would be okay. He had minor problems while serving and enjoyed being in the military. With almost 10 years of service he had every intention on making the military a career. Since his discharge he has had no problems with the law.

EVIDENCE OF RECORD: The applicant's military records show he enlisted on 25 November 1977, as a light weapons infantryman. He was promoted to pay grade E-5 effective 5 December 1981.

Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows that he was reduced to the pay grade of E-4 effective 28 June 1984 and reduced to pay grade E-2 effective 20 February 1986.

On 3 November 1986, the applicant departed AWOL. He was apprehended by civilian authorities on 23 February 1987 and was returned to military control on 20 April 1987 (56 days).

Charges were preferred against the applicant on 24 April 1987, for being AWOL from 3 November 1986 to 23 February 1987 (112 days).

On 27 April 1987, 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 to submit a statement in his own behalf in which he stated that he no longer wanted to remain in the Army. He enlisted at the age of 17 and completed 9 years of service without once going AWOL. He also stated that drugs played a major part in his military career and he attempted to request assistance; however, the assistance provided was not sufficient and his problems and attitude became worse. He felt that it was better for the Army and himself that he be separated because he was unable to adjust any longer to military life.

The commander's summary states that he received 9 article 15's, which are unavailable for review, and had persistent problems with drugs.

On 5 May 1987, the separation authority approved the applicant’s request for discharge and directed that he be reduced to the pay grade of E-1 and furnished an Under Other Than Honorable Conditions Discharge. The applicant was discharged on 15 June 1987 in the pay grade of E-1. He had a total of 9 years, 1 month, and 3 days of creditable service and had 168 days of lost time due to AWOL and confinement.

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 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 contention; however, there is no evidence in the available records, and the applicant has provided no evidence, to support his contention or to show that his discharge was unjust and should be upgraded.
4. 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.

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___ __rjo__ ___gjw__ DENY APPLICATION

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

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INDEX

CASE ID	AR2002075795
SUFFIX
RECON
DATE BOARDED	20030213
TYPE OF DISCHARGE	UOTHC
DATE OF DISCHARGE
DISCHARGE AUTHORITY	AR 635-200, CHAP 10
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	360
2.
3.
4.
5.
6.