APPLICANT REQUESTS: That his under other than honorable conditions discharge be upgraded to general or honorable.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Army on 22 September 1975, completed training, and was assigned to Fort Hood, Texas.
On 25 July 1977 the applicant was AWOL. He returned to military control on 23 April 1979.
A 26 April 1979 report of medical examination indicates that the applicant was medically qualified for separation with a physical profile of 1 1 1 1 1 1. In the report of medical history the applicant furnished for the examination, he stated, I Am In Good Health. A report of mental status evaluation determined that the applicant was mentally responsible, able to distinguish right from wrong and adhere to the right, that he had the mental capacity to understand and participate in board proceedings, and he met the medical standards for retention in the Army.
On 27 April 1979 the applicant consulted with counsel and voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He stated that he acknowledged that he was guilty of the charge against him which authorized the imposition of a bad-conduct or dishonorable discharge, and that he did not desire further rehabilitation, nor had no desire for further military service. He stated that he understood the nature and consequences of the under other than honorable conditions discharge that he might receive. He declined to submit a statement in his own behalf.
On 9 May 1979 the applicants commanding officer recommended that the applicants request be approved and that he receive
a discharge under other than honorable conditions. On
16 May 1979 the separation authority approved the applicants request and directed that he be furnished an Other Than Honorable Conditions Discharge Certificate.
The applicant was discharged on 23 May 1979 at Fort Sill, Oklahoma. He had 1 year, 11 months, and 4 days of active service and 637 days of time lost.
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.
There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on
23 May 1979, the date of his discharge. The time for the applicant to file a request for correction of any error or injustice expired on 23 May 1982.
The application is dated in August 1995 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
BOARD VOTE:
EXCUSE FAILURE TO TIMELY FILE
GRANT FORMAL HEARING
CONCUR WITH DETERMINATION
Karl F. Schneider
Acting Director
ARMY | BCMR | CY2007 | 20070000384
On 8 May 1979, the separation authority approved the applicant's request for discharge and directed that he receive an Under Other Than Honorable Conditions Discharge Certificate. On 23 May 1979, the applicant was discharged accordingly. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2012 | 20120000903
Application for correction of military records (with supporting documents provided, if any). On 23 April 1980, the separation authority approved his request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial, with an under other than honorable conditions discharge and reduction to PV1/E-1. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged on 21 May 1980 in...
ARMY | BCMR | CY2014 | 20140021130
However, it appears court-martial charges were preferred against him for being AWOL from 24 June to 5 August 1980 (43 days) and that he subsequently 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. His record contains a DA Form 268 (Report to Suspend Favorable Personnel Actions), dated 7 August 1980, wherein it stated, "Service member...
ARMY | BCMR | CY2004 | 2004104989C070208
d. The applicant's failure to timely file her request for correction of her military records should be excused because of her mental condition. On 12 February 1980, the applicant went AWOL from her unit in Germany. Army policy states that although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate.
ARMY | BCMR | CY2011 | 20110022413
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. His record of service shows he was AWOL for 54 days at the time he returned to military control. Based on his record of misconduct, his service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.
ARMY | BCMR | CY2012 | 20120021783
The applicant requests upgrade of his under other than honorable conditions discharge. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions discharge is normally considered appropriate. Based on his record of indiscipline, his overall record of service did not support the issuance of an honorable or general discharge by the separation authority at the time and it does not support an upgrade of his discharge now.
ARMY | BCMR | CY2012 | 20120007623
The applicant requests his under other than honorable conditions (UOTHC) discharge be upgraded to an under honorable conditions discharge (GD). On 17 March 1982, the separation authority approved the applicant's request for discharge and directed that he be discharged in the lowest enlisted grade under the provisions of Army Regulation 635-200, chapter 10, with a UOTHC discharge. There is no evidence and the applicant has not provided any evidence to show he suffered from a mental...
ARMY | BCMR | CY2006 | 20060008835
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant served 9 months and 20 days of net active service during the period of service under review, as documented by the DD Form 214. The Army Regulation 635-200, paragraph 3-7b provides, in pertinent part, that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2013 | 20130002927
His records contain a Standard Form 88 (Report of Medical Examination) and a DA Form 3822-R (Report of Mental Status Evaluation), dated 16 May 1986, which show he met medical retention standards, he had no mental or psychological disorders, and he had the mental capacity to understand and participate in board proceedings. However, his records contain a DD Form 214 that shows he was discharged under other than honorable conditions for the good of the service in lieu of trial by court-martial...
ARMY | BCMR | CY1996 | 9608196C070209
On 19 January 1979, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of service with a discharge UOTHC. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.