IN THE CASE OF:	  

		BOARD DATE:	        02 December 2008

		DOCKET NUMBER:  AR20080015841 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his earlier request for an upgrade of his under other than honorable conditions discharge.

2.  The applicant states that after returning home from his service in Southwest Asia, he developed a drinking problem and was very depressed, so he went in an absent without leave (AWOL) status.  However, he did seek help for his drinking problem and has been sober for a number of years.  He is having a hard time working or supporting himself and would now like to apply for compensation due to his health condition.

3.  The applicant provides an undated character reference in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080006312, on 12 August 2008.

2.  The applicant submitted an undated character reference letter by a person named Ronald S., which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  With prior enlisted service, the applicant's records show he enlisted in the Regular Army on 15 August 1989, completed additional training, and was converted from military occupational specialty (MOS) 24C (HAWK Firing Section Mechanic) to MOS 94B (Food Service Specialist).  He was assigned to the 24th Infantry Division Artillery, Fort Stewart, Georgia.

4.  On 20 October 1991, the applicant departed his unit in an AWOL status and was subsequently dropped from the rolls of the Army on 1 December 1991.  He remained absent until 26 April 1993 when he was apprehended by civil authorities at New Orleans, Louisiana and returned to military control at Fort Knox, Kentucky.

5.  On 30 April 1993, court-martial charges were preferred against the applicant for one specification of being AWOL during the period from on or about
29 October 1991 to on or about 26 April 1993.

6.  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 (AR) 
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 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 under other than honorable discharge and that there is no automatic upgrading or review of a less than honorable discharge.

7.  On 1 June 1993, the separation authority approved the applicant's request and directed that he be discharged under other than honorable conditions and reduced to the lowest enlisted grade.  Accordingly, the applicant was discharged on 14 June 1993.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows he was discharged for the good of the service in lieu of trial by court-martial under the provisions of AR 635-200, chapter 10, with a characterization of service of under other than honorable conditions.  This form also shows he completed 2 years, 4 months, and 2 days of creditable service during this period of service with 545 days of lost time.

8.  There is no indication the applicant applied to the Army Discharge Review Board within its 15-year statutory limit for review.



9.  The applicant submitted an undated character reference letter by a person named Ronald S. in which the writer states that he has known the applicant for more than 10 years and that he was his sponsor during his recovery from alcohol.  The writer adds that the applicant is a hardworking and trustworthy person and has had problems in the past; however, he continues to take steps to correct his past wrongdoings.

10.  AR 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.

11.  AR 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.

12.  AR 635-200, paragraph 3-7b, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his discharge should be upgraded.

2.  The applicant’s records show he was charged with the commission of offenses punishable under the UCMJ with a punitive discharge.  Discharges under the provisions of chapter 10 of Army Regulation 635-200 are voluntary requests for discharge in lieu of trial by court-martial.  The applicant voluntarily, willingly, and in writing, requested discharge from the Army in lieu of trial by court-martial.  All requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.  Further, the applicant’s discharge accurately reflects his overall record of service.
3.  The character reference letter submitted by the applicant was noted.  Furthermore, the argument presented by the applicant regarding his drinking problem was considered.  However, there is no evidence that the applicant addressed this problem with his chain of command or any of the support agencies that were available at his installation.  Additionally, there is no evidence in the records that shows his AWOL was a result of a drinking problem.

4.  The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy that requirement.  

5.  Based on his record of indiscipline, the applicant's service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel.  This misconduct also renders his service unsatisfactory.  Therefore, the applicant is not entitled to either a general or an honorable discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ____X____  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 to amend the decision of the ABCMR set forth in Docket Number AR20080006312, dated 12 August 2008.



      ________XXX______________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080015841



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ABCMR Record of Proceedings (cont)                                         AR20080015841



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