APPLICANT REQUESTS: In effect, that her discharge under other than honorable conditions (UOTHC) be upgraded to an honorable discharge.
APPLICANT STATES: In effect, that because of the unfair treatment that she received from the company commander, she should be given an honorable discharge.
EVIDENCE OF RECORD: The applicant's military records show:
She was born on 12 September 1968. She completed 12 years of formal education. On 11 March 1988, she enlisted into the Regular Army for 4 years. Her Armed Forces Qualifications Test score was 38 (Category III). She completed the required training and was awarded military occupational specialty 95B10 (Military Police).
On 1 March 1989, court-martial charges were preferred against the applicant for being absent without leave from
25 December 1988 to 20 February 1989.
On 2 March 1989, 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 by legal counsel of the effects of a discharge under other than honorable conditions and that she might be deprived of many or all Army and Veterans Administration benefits. She was afforded the opportunity to submit statements in her behalf, but declined to do so.
On 24 March 1989, the appropriate authority approved her request and directed the issuance of a discharge UOTHC. On 19 April 1989, she was discharged in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, with a discharge UOTHC. She had 11 months and 11 days of creditable active service and 58 days of lost time.
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 submit a request for discharge for the good of the service in lieu of trial by court-martial. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate.
On 12 October 1996, the Army Discharge Review Board denied the applicant's request for an upgrade of her discharge.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2. The applicant consulted with legal counsel, and voluntarily requested separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of trial by court-martial. There was no indication that her request was made under coercion or duress.
3. There is no evidence of record to substantiate the applicants claim that she was treated unfairly.
4. The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.
5. In view of the foregoing, there is no basis for granting the applicants 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
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