2. The applicant requests that his undesirable discharge (UD), issued as a result of separation in lieu of trial by court-martial under the provisions of chapter 10, Army Regulation (AR) 635-200, for absence without leave (AWOL), be upgraded to honorable.
3. The applicant states that, when he went AWOL back in 1974, it was because his father was in the hospital for back surgery. While hospitalized, he developed pneumonia and almost died. The applicant stated that he stayed with his Dad until he was home from the hospital and able to fend for himself, then he turned himself in to military authorities. He adds that he is sorry for his mistake and seeks forgiveness; that he has been a good, law-abiding citizen, husband, and father since his separation.
4. The applicant was born on 16 November 1953 and enlisted in the Regular Army for 4 years on 10 July 1972. Following completion of the required military training, he completed the basic airborne training program and was assigned to a unit at Fort Bragg, North Carolina, with duty as an airborne infantryman.
5. The applicants military record shows that he was an excellent soldier from the time of his enlistment until he went AWOL on 12 March 1974. He was promoted to the rank of Specialist (E-4) on 1 March 1974; he had several letters of appreciation and commendation, and no disciplinary actions.
6. When he returned to military control on 26 June 1974, the applicant was transferred to the Personnel Control Facility at Fort Gordon, Georgia, and court-martial charges were preferred against him for the period of AWOL. After consulting with legal counsel, the applicant voluntarily requested to be discharged under the provisions of chapter l0, AR 635-200 in lieu of trial by court-martial. The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and VA benefits. He submitted no statement in his behalf.
7. The applicants request for discharge was accepted and the approving authority directed that he be separated with a UD. On 9 August 1974, he was discharged with a UD. He had 1 year, 9 months, and 13 days of creditable service and 107 days of lost time due to AWOL.
8. In the processing of this case, coordination was made with the Federal Bureau of Investigation (FBI) to determine whether the applicant had a criminal record. There is no evidence of criminal activity on file with the FBI.
9. 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 at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. A discharge under other than honorable conditions is normally considered appropriate. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.
CONCLUSIONS:
1. The applicant's voluntary request for separation under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in order to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations. There is no indication that the request was made under coercion or duress.
2. The applicant was a good soldier whose only violation was one period of AWOL lasting 107 days. Although it cannot be confirmed, the applicant claims that he went home to care for his father who was seriously ill. It can, however, be confirmed that the applicant has led a law-abiding life in the years since his discharge
3. Although the applicants discharge proceedings were conducted in accordance with law and regulations applicable at the time, the character of that discharge is not commensurate with the applicant's overall record of military service. For that reason, and because of his good post-service behavior, it would be unjust and inequitable to make the applicant continue to live with the stigma of a UD.
4. In view of the foregoing findings and conclusions, and in the interest of justice and equity, it would, therefore, be appropriate to correct the applicants records as indicated below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was separated from the service with a General Discharge Certificate on 9 August 1974.
2. That the Department of the Army issue to the individual concerned a General Discharge Certificate, dated 9 August 1974, in lieu of the UD of the same date now held by him.
3. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
ARMY | BCMR | CY2002 | 2002074844C070403
EVIDENCE OF RECORD : The applicant's military records show: On 13 May 1974, the applicant was discharged accordingly. In December 1970, long before the applicant was returned to military control after being found by the FBI in 1974, the unit commander from his unit in the RVN sent a letter to his mother informing her of his AWOL status.
ARMY | BCMR | CY2001 | 2001063170C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his undesirable discharge be upgraded to an honorable discharge. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2002 | 2002075139C070403
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. The applicant requests that his undesirable discharge be upgraded to honorable, that his date of rank (DOR) on his report of separation (DD Form 214) be corrected and that two sworn statements (DA Form 2823) be removed from his records. When he went AWOL, his parents did not know where he was and he went AWOL...
ARMY | BCMR | CY2009 | 20090007994
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. When he came home from basic training he found the kids alone and this is why he went AWOL the first time. There is no evidence the applicant requested assistance through his chain of command for a hardship discharge during his period of service.
ARMY | BCMR | CY2001 | 2001062597C070421
As punishment, he received 14 days' extra duty. He was AWOL on three occasions and received NJP for one of these AWOLs. The FSM's discharge proceedings were conducted in accordance with law and regulations applicable at the time.
ARMY | BCMR | CY2004 | 20040009653C070208
Kenneth Lapin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations. ____ John Slone______________ CHAIRPERSON INDEX |CASE ID |AR20040009653 | |SUFFIX | | |RECON |YYYYMMDD | |DATE BOARDED |19740516 | |TYPE OF DISCHARGE |(UD) | |DATE OF...
ARMY | BCMR | CY2014 | 20140010906
The applicant's DD Form 214 (Report of Separation from Active Duty) shows he was discharged on 29 October 1974 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 characterization of service. The evidence of record shows that the applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10, to...
ARMY | BCMR | CY2013 | 20130021546
On 17 May 1971, he was convicted by a special court-martial of one specification each of being absent without leave (AWOL) during the following periods: * from on or about 26 October 1970 through on or about 29 November 1970 * from on or about 20 December 1970 through on or about 4 January 1971 * from on or about 13 January 1971 through on or about 17 March 1971 * from on or about 6 April 1971 through on or about 30 April 1971 He was sentenced to confinement at hard labor for seventy-five...
ARMY | BCMR | CY2005 | 20050000397C070206
The applicant requests that his undesirable discharge be upgraded to honorable. On 27 June 1974, the separation authority approved the applicant’s request for discharge and directed that he be issued an Undesirable Discharge Certificate. Accordingly, the applicant was discharged with an undesirable discharge on 11 July 1974 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service.
ARMY | BCMR | CY2004 | 20040008134C070208
He surrendered to military authorities on 25 February 1977, nearly 8 years later. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The psychological evaluation, submitted by the applicant in support of his request, was conducted October 2004 and notes that the applicant “received a less than honorable discharge from the Army on 03/23/97” and that he was “seeking to have his discharge upgraded to at least a general discharge.” The physician...