2. The applicant requests: that his discharge under other than honorable conditions (UOTHC) be upgraded to an honorable discharge.
3. The applicant's military records shows he was born on
6 June 1965. On 18 October 1983, the applicant enlisted in the Regular Army for 3 years. He completed the required training and was awarded military occupational specialty 92Y10 (Unit Supply Specialist). On 16 June 1988, the applicant was honorably discharged after serving 4 years and 8 months of creditable service. On 17 June 1988, the applicant reenlisted for 4 years. During this enlistment the applicant was awarded the Army Commendation Medal, the Army Achievement Medal, the Good Conduct Medal (3rd award), the National Defense Service Medal, the South West Asia Service Medal (with bronze service star), the Kuwait Liberation Medal and the Army Service Ribbon. The applicant was honorably discharged on 8 May 1991. On 9 May 1991, he immediately reenlisted for 4 years. The highest grade he achieved was pay grade E-5.
4. On 30 September 1993, court-martial charges were preferred against the applicant for two specifications of dereliction in the performance of his duties, in that the applicant willfully failed to reestablish accountability for 15 holsters, for two specifications of defrauding two fellow soldiers of money totaling $263.31; and for two specifications of forgery.
5. On 25 October 1993, after consulting with legal counsel the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service 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 Veterans Administration benefits. He was afforded the opportunity to submit statements in his behalf, but declined to do so.
6. On 27 October 1993, the appropriate authority approved his request and directed the issuance of a discharge UOTHC.
On 19 November 1993, 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. He had completed 10 years, 1 month and 2 days of creditable active service.
7. 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 UOTHC is normally considered appropriate.
8. The VA, in determining qualifications for benefits administered by that agency, generally holds that an individual who accepted a discharge prior to completion of his completed term of obligated service may not be eligible for benefits unless or until the VA determines that the early discharge amounted to a complete and unconditional separation from the service.
CONCLUSIONS:
1. The applicants voluntary request for separation under the provisions of chapter 10, Army Regulation 635-200, for the good of the service to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.
2. The overall quality of the applicants last period of service does not warrant an upgrade of his discharge, but in view of the honorable characterization of his prior term of service which included service in Saudi Arabia, his honorable discharge on 8 May 1991, should be considered a complete and unconditional separation.
3. The circumstances of the applicants honorable discharge on 8 May 1991 have worked an injustice upon him by depriving him of consideration for certain VA benefits for the preceding period of service.
4. In consideration of the foregoing findings and conclusions, and in recognition of his more than 7 1/2 years of good service, it would be unjust to consider his honorable discharge of 8 May 1991, as other than a complete and unconditional separation from the military service.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was eligible for a complete and unconditional separation from the military service at the time of his honorable discharge on 8 May 1991.
2. That so much of the application as in excess of the foregoing be denied.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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