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Decision Text

ARMY | BCMR | CY1997 | 9710171
Original file (9710171.rtf) Auto-classification: Approved
2. The applicant requests that his discharge under other than honorable conditions (UOTHC) be upgraded to a general discharge. He states, in effect, that upon returning from Operation Desert Storm he was divorced. He is now a single parent raising two daughters. This discharge is creating a burden by preventing him from finding a good job as well as preventing his use of the G. I. Bill.
3. The applicant’s military records show he enlisted in the Regular Army on 12 August 1987. He completed basic training and advanced individual training and was awarded military occupational specialty 13B (Cannon Crewmember). On 18 June 1990, he was honorably discharged for the purpose of immediate reenlistment.

4. There is no evidence in the records to show the applicant had any disciplinary problems prior to 1992.

5. On 3 June 1992, the applicant departed absent without leave (AWOL) and returned to military control on 4 July 1992.

6. The court-martial charge sheet and the Chapter 10 packet are not available.

7. On 13 November 1992, he was discharged, with a discharge under other than honorable conditions, in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 10, for the good of the service in lieu of court-martial. He had completed 5 years, 2 months and 1 day of creditable active service and had 31 days of lost time. His awards and decorations included the Army Commendation Medal, the Army Good Conduct Medal and the Southwest Asia Service Medal.

8. 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.

12. The VA, in determining qualifications for benefits administered by that agency, generally holds that an individual who accepts a discharge prior to completion of his complete 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. In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2. Although it would not be appropriate to change the records to show that the applicant was discharged honorably or under honorable conditions from the reenlistment commencing on 19 June 1990, it appears that his honorable discharge of 18 June 1990 should be considered as having been issued as a complete and unconditional separation.

3. The circumstances of the applicant’s honorable discharge on 18 June 1990 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, it would be unjust to consider his honorable discharge of 18 June 1990 as other than a complete and unconditional separation from the military service.

5. In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

 RECOMMENDATION :

1. That all of the Department of the Army records related to this case be corrected by showing that the applicant was eligible for a complete and unconditional separation from the military service at the time of his honorable discharge on 18 June 1990.

2. That so much of the application as is in excess of the foregoing be denied.










BOARD VOTE :
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING

 DENY APPLICATION
                                                      CHAIRPERSON
                                                      

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