Search Decisions

Decision Text

ARMY | BCMR | CY1997 | 199705274
Original file (199705274.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE:
         DOCKET NUMBER: AC97-05274

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The following members, a quorum, were present:

Mr. Chairperson
Mr. Member
Mr. Member

         Also present, without vote, were:

Mr. Loren G. Harrell Director
Mrs. Carolyn Wade Analyst

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

APPLICANT REQUESTS: In effect, that his discharge under other than honorable conditions (UOHC) be upgraded to a general/under honorable conditions discharge (GD).

APPLICANT STATES: In effect, that he has been applying for an upgrade of his discharge for more than 11 years and that he has never received a reply. In addition to the DD Form 149, he has attached a DD Form 293, dated 16 May 1996; however it is well beyond the statute of limitations for the Army Discharge Review Board (ADRB).

COUNSEL CONTENDS: In effect, that the applicant stated he was not given proper counseling at the time he requested discharge; that he was suffering from emotional problems and the effects of drug abuse, and that these factors diminished his capacity to serve. He further states the applicant completed the majority of his 3 year tour and ask that we carefully review his clients file.

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

On 12 June 1967 the applicant enlisted in the Regular Army for a period of 3 years. He enlisted for a dual US Army Training of Choice Enlistment Option. He successfully completed basic combat training at Fort Dix, New Jersey and advanced individual training (AIT) at Fort Gordon, Georgia. Upon completion of AIT he was awarded military occupational specialty (MOS) 72C (Switchboard Operator), and assigned to Fort Lewis, Washington for his first permanent duty station.

The applicant’s record documents that the highest grade he held on active duty was private first class/E-3 and that he had received the National Defense Service Metal and the Armed Forces Expeditionary Medal (Korea). The record contains no documented acts of valor, achievement , or service warranting special recognition.

On 14 November 1967 he accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ, for without proper authority being absent from his unit. His punishment consisted of a forfeiture of $23.00 and 14 days extra duty.

On 5 December 1968 he accepted a second NJP for illegally entering into a financial contract with a Korean and using his Type C Ration Card as collateral. His punishment consisted of an oral reprimand and 14 days restriction.

On 14 January 1969 he accepted a third NJP for without proper being absent from his unit. His punishment consisted of a forfeiture of $25.00 and 14 days restriction and extra duty.

On 15 December 1969 he accepted a fourth NJP for two periods of being absent from his unit without proper authority. His punishment consisted of a reduction in grade to private/E-1, a forfeiture of $61.00 for two months, 60 days restriction, and 45 days extra duty (entire punishment suspended).

On 4 February 1970 he departed his unit in an AWOL status at Fort Riley, Kansas. He was dropped from the rolls on 5 March 1970, was apprehended and returned to military control on 25 March 1970. On 26 March 1970 he was charged with the aforementioned AWOL.

On 26 March 1970 the battalion commander vacated the suspended punishment imposed on 15 December 1969.

On 10 April 1970 the applicant, after consulting with counsel voluntarily requested discharge for the good of the service-in lieu of trial by court-martial, under the provisions of chapter 10, AR 635-200. This request was made after the applicant had been advised by counsel of the basis of his contemplated trial by court-martial, the maximum punishment, and of the possible effects of a UOHC discharge. The applicant also attested to the fact that he fully understood he would be deprived of many or all Army benefits, that he may be ineligible for many or all benefits administered by the Department of veteran Affairs, and that he may be deprived of veterans benefits under state and federal law.

On 1 June 1970 the appropriate authority approved the applicant’s request for discharge and directed issuance of a UOHC. Accordingly, on 30 June 1970 the applicant was discharged after completing 2 years, 8 months, and 11 days of active military service.

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 are 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.


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

1. The evidence of record does not support the applicant’s contention that he has applied to the Board for more than eleven years with no response, neither did he provide any independent corroborating evidence in support of his contention.

2. The evidence of record is clear, and shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge and after consulting with legal counsel, he voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial. In doing so, the applicant admitted guilt to the stipulated offenses under the UCMJ.

3. The discharge proceedings were conducted in accordance with law and regulation applicable at the time. The reason for and the character of the discharge are commensurate with the applicant's overall record of military service.

4. 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 or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

5. 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

_CHL___ __SLP __ _CLG ___ DENY APPLICATION




                                                      Loren G. Harrell
                                                      Director

Similar Decisions

  • ARMY | BCMR | CY1997 | 199705274C070209

    Original file (199705274C070209.TXT) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD: The applicant's military records show: On 12 June 1967 the applicant enlisted in the Regular Army for a period of 3 years. Accordingly, on 30 June 1970 the applicant was discharged after completing 2 years, 8 months, and 11 days of active military service.

  • ARMY | BCMR | CY1997 | 9711370

    Original file (9711370.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. EVIDENCE OF RECORD : The...

  • ARMY | BCMR | CY1997 | 9709707

    Original file (9709707.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. EVIDENCE OF RECORD : The...

  • ARMY | BCMR | CY1997 | 9707868

    Original file (9707868.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The Board considered the...

  • ARMY | BCMR | CY1997 | 9710742

    Original file (9710742.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 27 November 1968 he was convicted by a special court-martial at Fort Dix of being AWOL from 5 June to 30 October 1968. However, the evidence submitted with his application and the evidence of record fail to support his contentions.

  • ARMY | BCMR | CY1997 | 9709756C070209

    Original file (9709756C070209.TXT) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The Board considered the...

  • ARMY | BCMR | CY1997 | 9709756

    Original file (9709756.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The evidence of record...

  • ARMY | BCMR | CY1997 | 9709665

    Original file (9709665.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The record also contains...

  • ARMY | BCMR | CY1997 | 9707480

    Original file (9707480.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The Board considered the...

  • ARMY | BCMR | CY1997 | 9711707

    Original file (9711707.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. EVIDENCE OF RECORD : The...