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ARMY | BCMR | CY2003 | 2003085132C070212
Original file (2003085132C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 5 August 2003
         DOCKET NUMBER: AR2003085132

         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. Curtis L. Greenway Member
Mr. Ronald J. Weaver 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 her discharge under other than honorable conditions be upgraded to an honorable discharge.

APPLICANT STATES: She was experiencing numerous medical problems after she lost her baby, and wasn’t receiving the proper medical attention.

In support of her request, she submits military medical documentation.

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

She enlisted in the Regular Army on 17 April 1979. She was awarded the military occupational specialty of traffic management specialist, served one year in Korea, and was promoted to pay grade E-4.

On 14 November 1982, the applicant departed absent without leave (AWOL). She surrendered to military authorities in Germany on 2 April 1986.

On 15 April 1986, the applicant requested discharge for the good of the service, in lieu of trial by court-martial. In that request, the applicant was provided the opportunity to submit statements in her own behalf. She initialed the block on her request which said that she declined to submit a statement.

Her request was approved by the appropriate authority, and she was discharged under other than honorable conditions on 6 June 1986. She had 3 years, 9 months and 2 days of creditable service. She did not have any significant awards or decorations.

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.

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 medical records submitted by the applicant shows that she was being provided competent medical care by military physicians while she was on active duty.

2. If the applicant was having psychological difficulties because of the loss of a child, the military would have provided her both psychiatric treatment and spiritual support (Chaplain), if she would have requested such services. There is no record that she either reported having any psychological problem or requested any psychiatric treatment or spiritual counseling.

3. Many soldiers experience traumatic experiences while on active duty. The Army understands that and provides its soldiers every conceivable resource to deal with these experiences. Whether or not a soldier takes advantage of these resources is the prerogative of the soldier.

4. The Board notes that the applicant declined to make a statement in her own behalf when she requested discharge in lieu of trial by court-martial. If she had medical or psychological problems which she believed contributed to her decision to go AWOL, that was the time to surface those issues.

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

___lls____ ___rjw___ ___clg__ DENY APPLICATION



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




INDEX

CASE ID AR2003085132
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030805
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. A71.00
2. A93.21
3. A93.23
4.
5.
6.


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