RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 July 2004
      DOCKET NUMBER:   AR2004100271


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Kenneth Lapin                 |     |Member               |
|     |Mr. Antonio Uribe                 |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his under other than honorable conditions
(UOTHC) discharge be upgraded to a general discharge without benefits or an
entry level status uncharacterized discharge.

2.  The applicant states, in effect, that there were extenuating
circumstances involving his child which led to his discharge from the Army.

3.  The applicant provides a supplemental letter.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 15 October 1997 for a
period of three years.  He was assigned to Fort Benning, Georgia for one
station unit training in military occupational specialty 11H (Heavy Anti-
Armor Weapons Infantryman).

2.  The applicant was absent without leave (AWOL) on 3 January 1998 and was
dropped from unit rolls as a deserter on 2 February 1998.  He was
apprehended by civil authorities and returned to military control on 22
February 1999.

3.  The applicant's discharge packet is not available.  However, his DD
Form 214 (Certificate of Release or Discharge from Active Duty) shows he
was discharged on 30 August 1999 under the provisions of Army Regulation
635-200,
chapter 10 in lieu of trial by court-martial with issuance of an UOTHC
discharge.  He completed 8 months and 21 days of creditable service with
415 days of lost time due to AWOL.

4.  On 16 May 2001, the Army Discharge Review Board denied the applicant's
request for upgrade of his discharge to general.

5.  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.

6.  Army Regulation 635-200, paragraph 3-7, provides that a general
discharge is a separation from the Army under honorable conditions.  When
authorized, it is issued to a soldier whose military record is satisfactory
but not sufficiently meritorious to warrant an honorable discharge.  A
characterization of under honorable conditions may be issued only when the
reason for the soldier’s separation specifically allows such
characterization.

7.  Army Regulation 635-200, chapter 3, section II states that a separation
will be described as entry level with service uncharacterized if processing
is initiated while a soldier is in an entry level status.

8.  Army Regulation 635-200 states that service will not be characterized
as an entry level status separation when a characterization of UOTHC is
authorized under the reason for separation and is warranted by the
circumstances of the case.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary it is presumed that the
applicant's administrative discharge proceedings were conducted in
accordance with law and regulations applicable at the time.

2.  The applicant's record of service shows he was AWOL for over 400 days.
As a result, his record of service was not satisfactory and did not meet
the standards of acceptable conduct and performance of duty for Army
personnel.  Therefore, the applicant's record of service is insufficiently
meritorious to warrant a general discharge.

3.  Because of the extensive period of AWOL, description of the applicant's
separation as uncharacterized is not warranted.

4.  The applicant's statements were carefully reviewed; however, he has
provided no evidence other than his self-authored statement that the
extenuating circumstances involving his child were so severe that they were
the reason he departed AWOL.  He has failed to show through the evidence
submitted with his application or the evidence of record that the actions
taken in his case were in error or unjust.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

FE______  KL______  AU______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




            Fred Eichorn__________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004100271                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040720                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |19990830                                |
|DISCHARGE AUTHORITY     |AR 635-200, chapter 10                  |
|DISCHARGE REASON        |For the good of the service – in lieu of|
|                        |trial by court-martial                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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