IN THE CASE OF:	  

		BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100011521 


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 that his discharge under other than honorable conditions be upgraded.

2.  The applicant states:

* he would like to have a "clean slate" with the U.S. Army
* when he left the Army just over 10 years ago he was a very young 21-year old boy who did not know what he wanted out of life
* he made many mistakes that he cannot take back, but now as a 31-year old man with a young son, he is working hard to fix his past mistakes
* in the next 6 months he will be graduating from college with a bachelor's degree and he would like to explore another opportunity with the U.S. Army
* he recently met with recruiters who informed him that this would be the first step to determining if he is the right fit again
* he needs help fixing one of the biggest mistakes he ever made by not fulfilling his promise to the U.S. Army

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  On 20 January 1999, the applicant enlisted in the Army at age 20 for 4 years in pay grade E-1.

2.  The applicant's records show he was in advanced individual training when he went absent without leave (AWOL) on 27 April 1999 and he remained absent until 16 May 1999.  However, his records do not show the punishment that was imposed against him for this period of AWOL.

3.  He went AWOL again on 15 June 1999 and he remained absent in desertion until he surrendered to military authorities and returned to military control on 27 September 1999.

4.  On 4 October 1999, the applicant was notified that charges were pending against him for being AWOL.  He acknowledged receipt of the notification and after consulting with counsel, he submitted a request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service in lieu of trial by court-martial. 
In his request for discharge, the applicant acknowledged he understood the following:

* if his request for discharge were accepted, he may be discharged under other than honorable conditions 
* as a result of the issuance of such a discharge, he would be deprived of many or all Army benefits
* he may be ineligible for many or all benefits administered by the Department of Veterans Affairs
* he may be deprived of his rights and benefits as a veteran under both Federal and State laws
* he may expect to encounter substantial prejudice in civilian life by reason of an undesirable discharge

5.  The appropriate authority approved the request for discharge on 8 December 1999 and directed the issuance of a discharge under other than honorable conditions.  Accordingly, on 14 January 2000 the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  He completed 8 months and 11 days of net service with approximately 3 months and 11 days of lost time due to AWOL.

6.  On 1 October 2008, the Army Discharge Review Board denied the applicant's appeal for an upgrade of his discharge.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 provides 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.

8.  Paragraph 3-7a of Army Regulation 635-200 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 or is otherwise so meritorious that any other characterization would be clearly inappropriate.

9.  Paragraph 3-7b of Army Regulation 635-200 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 was discharged in accordance with applicable laws and regulations in effect at that time.

2.  The type of discharge directed was appropriate considering all the facts of his case.

3.  His contentions have been noted; however, they are not sufficiently mitigating to warrant the relief requested.  His youth and/or immaturity do not justify his acts of indiscipline and his records show he acknowledged that he understood the effects of a less than fully honorable discharge at the time he submitted his voluntary request for discharge for the good of the service in lieu of trial by court-martial.

4.  He had approximately 3 months and 11 days of lost time due to AWOL which is almost as much time as he actually served.  Although he may have a desire to explore another opportunity with the Army, the type of discharge he was issued appropriately reflects his overall record of service.


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 for correction of the records of the individual concerned.



      ____________X_____________
                 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)                                         AR20100011521



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ABCMR Record of Proceedings (cont)                                         AR20100011521



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