MEMORANDUM OF CONSIDERATION
IN THE CASE OF:
BOARD DATE: 15 April 1998
DOCKET NUMBER: AC97-07422
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:
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 be upgraded to honorable.
EVIDENCE OF RECORD: The applicant's military records show:
On 11 December 1972 he enlisted in the Regular Army for a period of 3 years. At the time of enlistment he was 17 years old, had 8 years of schooling, and had achieved an Armed Forces Qualification Test score of 36 (i.e., mental category III).
After waiving his Station of Choice Enlistment Option, he was assigned to Fort Dix, New Jersey, for basic combat training and Fort Gordon Georgia for advanced individual training (AIT). Upon completion of AIT he was awarded military occupational specialty 31M (Radio Relay Carrier) and was assigned to Fort Carson, Colorado.
On 11 April 1973 he was promoted to the rank of private/E-2.
On 15 January 1974 he was promoted to the rank of private first class/E-3.
The applicant has three periods of AWOL (i.e. 1-8 July 1974, 23 September-23 October 1974, and 4-10 November 1974).
On 11 November 1974 he was placed in pretrial confinement and declined the opportunity to consult with legal counsel.
On 19 November 1974, after consulting with legal counsel, he voluntarily requested discharge from the Army under the provisions of chapter 10, AR 635-200 for the good of the service in lieu of trial by court-martial. He declined to submit a statement in his own behalf at that time.
On 26 November 1974 he was informed of the charges against him for violations of the UCMJ, Article 86, for the aforementioned periods of AWOL. He submitted a statement in his own behalf listing martial problems, in-law problems, drug problems, 2 sets of TA 50 being stolen, Greyhound Bus loosing his clothes, and an attempted suicide as some of the reasons for his periods of AWOL.
On 6 December 1974 his commanding officer recommended approval of the applicants request for discharge. On 17 December 1974 the appropriate authority approved the applicants request for discharge and issuance of a UOHC. Accordingly, on 26 December 1974 he was discharged after completing 1 year, 10 months, and 3 days of active military service and having accrued 73 days of lost time.
On 21 July 1980 the Army Discharge Review Board (ADRB) denied the applicants request for an upgrade of his discharge.
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. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized, 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, applicable law and regulations, it is concluded:
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. There is no indication that the request was made under coercion or duress.
2. Considering the seriousness of the offenses for which the applicant was charged, the type of discharge directed and the reason was and still is appropriate.
3. 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.
4. 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
________ ________ ________ DENY APPLICATION
Loren G. Harrell
Director
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