IN THE CASE OF:	  

		BOARD DATE:  31 October 2013

		DOCKET NUMBER:  AR20130004867 


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 an upgrade of his under other than honorable conditions discharge to an honorable discharge.

2.  The applicant states he was never properly informed of what type of discharge he would receive and he was never given the chance to stay in the Army.  He enlisted in the Army upon completion of high school and he was only 19 years old at the time of his discharge.  He loved the Army and only went absent without leave (AWOL) because his brother was diagnosed with terminal cancer.  He contends he was young, immature, and scared so he just went along with what he was told.  He states he did not sign his discharge papers.

3.  It has been 14 years since he was discharged and he would like the opportunity to serve his country.  He realizes that the choices he made in the past were not the right choices and he is not proud of them.

4.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 17 July 1998 at the age of 18 years, 5 months, and 18 days.  He enlisted for military occupational specialty 11X (infantry recruit).

2.  The specific facts and circumstances of his discharge proceedings are not available for review; however, the applicant's record contains a DA Form 4187-E (Personnel Actions), dated 6 April 1999.  This document shows:

* he AWOL on 1 December 1998 from the 525th Adjutant General Replacement Detachment, Fort Lewis, WA
* he surrendered to military authorities on 19 February 1999
* his duty status changed from dropped from unit rolls (DFR) to attached/
returned to military control on 19 February 1999 at Fort Sill, OK

3.  His record contains a DD Form 214 that shows on 30 August 1999, he was discharged 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 with an under other than honorable conditions discharge.  He completed 10 months and 24 days of creditable active service.  It further shows he had time lost from 1 December 1998 through 18 February 1999.

4.  On 15 September 2010, the applicant petitioned the Army Discharge Review Board (ADRB) for an upgrade of his discharge.  After careful review of his application, military records and all other available evidence, the ADRB determined he was properly and equitably discharged.  As a result, his request for a change in his character or service and/or reason for discharge were denied.

5.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  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.

	b.  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 or is otherwise so meritorious that any other characterization would be clearly inappropriate.

	c.  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.

6.  Army Regulation 15-185 (BCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  He contends he was young and immature at the time of his discharge.  His record shows he was more than 18 years of age when he went AWOL and there is no evidence that indicates he was any less mature than other Soldiers of the same age who successfully completed their military service obligations.

2.  He further contends that he was not properly counseled and never signed his discharge papers.  The applicant's record is void of the specific facts and circumstances surrounding his discharge.  It appears that he was charged with the commission of offense(s) punishable under the Uniform Code of Military Justice with a punitive discharge.  Discharges under the provisions of Army Regulation 635-200, chapter 10 are voluntary requests for discharge in lieu of trial by court-martial.  The applicant is presumed to have voluntarily, willingly, and in writing, requested discharge from the Army in lieu of trial by court-martial.  In doing so, he would have admitted guilt and waived his opportunity to appear before a court-martial.  It is also presumed that all requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.  Furthermore, in the absence of evidence showing otherwise, it must be presumed his discharge accurately reflects his overall record of service.

3.  There is no evidence of record and the applicant did not provide any evidence that shows his discharge was in error or unjust.  In the contrary, his available record shows he did not met the standards of acceptable conduct and performance of duty for Army personnel.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant an honorable or a general 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 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)                                         AR20130004867



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ABCMR Record of Proceedings (cont)                                         AR20130004867



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