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ARMY | BCMR | CY2003 | 2003084292C070212
Original file (2003084292C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 25 September 2003
         DOCKET NUMBER: AR2003084292

         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
Mr. G. E. Vandenberg Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Regan K. Smith Member
Ms. Linda D. Simmons 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)

APPLICANT REQUESTS: That his discharge be upgraded

APPLICANT STATES: In effect, he was ordered to sign an officer’s signature and that all of his original documents on this matter are in the hands of the President. He states that although he has had taxes withheld from his pay, he has not filed with the Internal Revenue Service since 1980 and would like to make it right at this time.

He states that he had no contact with his family between 1980 and 2000 but submits a letter from his mother that states that she is proud of him.

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

The applicant entered active duty on 10 June 1980. He completed basic combat training and advanced individual training without incident of record.

On 24 February 1981, a Special Court-Martial found the applicant guilty of conspiracy, of larceny by theft of another service member’s property and of being absent without leave (AWOL).

He was held in military confinement for the period 24 February 1981 through 5 March 1981.

On 24 April 1981 the applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for willfully disobeying a lawful order from a noncommissioned officer (NCO).

On 29 June 1981 the applicant received NJP for four specifications of failing to go to his appointed place of duty.

On 30 June 1981 the applicant received a formal Letter of Reprimand for the above actions.

The applicant was again AWOL from 1 July 1981 through 15 July 1981. When he was notified that his commander was considering giving him another NJP, he again departed AWOL on 17July 1981.

The applicant remained AWOL until apprehended on 4 September 1981 by the Myrtle Beach, South Carolina Police Department.

Upon return to military control, his command preferred court-martial charges for his period of AWOL.

On 9 September 1981, after consulting with counsel and being advised of his rights and options, the applicant submitted a formal request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10. He acknowledged he had been advised of and understood his rights under the Uniform Code of Military Justice, that he could receive an Under Other Than Honorable Conditions (UOTHC) discharge which would deprive him of many or all of his benefits as a veteran, that he could expect to experience substantial prejudice in civilian life if he received an UOTHC discharge, and that there is no automatic upgrading or review of a less than honorable discharge.

The discharge authority accepted the applicant’s request and directed that he be discharged under other that honorable conditions.

The applicant was discharged on 10 December 1981. He had 1 year, 3 months, and 18 days of creditable service with 119 days lost due to AWOL or incarceration.

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 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.

The Manual for Courts-Martial, Table of Maximum Punishments, sets forth the maximum punishments for offenses chargeable under the UCMJ. A punitive discharge is authorized for offenses under Article 86, for periods of AWOL in excess of 30 days.

DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1. The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service which is devoid of any significant accomplishments.

2. The letters submitted by the applicant contain insufficient evidence or mitigating factors to support an upgrade of the applicant’s discharge.

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

__JNS __ ___RKS__ __LDS__ DENY APPLICATION




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


INDEX

CASE ID AR2003084292
SUFFIX
RECON
DATE BOARDED 20030925
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. upgrade
2.
3.
4.
5.
6.


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