Title: APPLICANT REQUESTS: That his general discharge be upgraded to an honorable discharge
Author: +

ABCMR Memorandum of                                                      AC97-05573
Consideration (cont)

APPLICANT REQUESTS:  That his general discharge be upgraded to an honorable discharge.

APPLICANT STATES:  In effect, that the DA Form 137, Installation Clearance Record, he cleared with indicated he had an honorable discharge and he believes his commander forged this DA Form 137.  The Memorandum of Consideration is not available and the case is reviewed de novo.

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

He was born on 18 November 1952.  He completed 12 years of formal education.  He enlisted in the Regular Army on      13 August 1971 for 3 years.  He completed basic training and advanced individual training and was awarded military occupational specialty 76P (Stock Control and Accounting Specialist).

The applicant accepted non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), on two separate occasions for absenting himself from his appointed place of duty.  His imposed punishments were forfeitures of pay and extra duties.

On 9 January 1974, the applicant accepted NJP under Article 15, UCMJ for being absent without leave (AWOL) 27 November 1973 - 7 January 1974.   His imposed punishment was a reduction to pay grade E3, a forfeiture of $50 pay for      2 months, extra duty for 35 days and restriction for 21 days (suspended).

On or about 27 March 1974, the applicant accepted NJP under Article 15, UCMJ.  The Article 15 is not on file but his DA Form 20, Enlisted Qualification Record, indicates he was reduced to pay grade E-1 effective this date based upon an Article 15.

On 2 August 1974, the applicant accepted NJP under Article 15, UCMJ for being AWOL 19 - 22 July 1974.  His imposed punishment was a forfeiture of $150 pay for 2 months (suspended).

On 4 October 1974, he was relieved from active duty with a character of service of “under honorable conditions,” (a general discharge) in pay grade E-1, under the provisions of Army Regulation 635-200, for completion of his required active service.  His reenlistment eligibility code was    RE-3B - ineligible for enlistment due to having lost time during his last period of service unless a waiver is granted.  He had completed 3 years of creditable active service and had 53 days of lost time.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  The type and character of separation issued upon separation from current enlistment or period of service will be determined solely by the member’s military record during that enlistment or period of service.  The evaluation of an individual’s service and conduct will be based on his overall period of current service.  A general discharge is a separation from the Army under honorable conditions of an individual whose military record is not sufficiently meritorious to warrant an honorable discharge.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error.

2.  The applicant’s separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

3.  The type of discharge and reenlistment code given were appropriate considering the applicant’s overall military record.

4.  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

                       DENY APPLICATION

                              Karl F. Schneider
			             	        Acting Director