| Mr. | Loren G. Harrell | Director | |
| Mr. | Jessie B. Strickland | Analyst |
| Mr. | George D. Paxson | Chairperson | |
| Ms. | Celia L. Adolphi | Member | |
| Mr. | Robert W. Garrett | Member |
APPLICANT REQUESTS: That his Undesirable discharge be upgraded to honorable.
APPLICANT STATES: That at the time he was in the Army there were a lot of soldiers on drugs and he was one of those soldiers. He further states that he has been diagnosed as a manic depressant and doctors have told him that he has been that way since birth. He goes on to state that he was under psychiatric care while in the military and he believes that all of these factors should have been taken into consideration before he was discharged. He is now disabled and in need of some help.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in Albany, New York on 30 November 1967 for a period of 3 years and was transferred to Fort Dix, New Jersey to undergo his basic training. He completed his basic training and was transferred to Fort Sill, Oklahoma, for his advanced individual training (AIT) as an artillery surveyor.
While in AIT nonjudicial punishment (NJP) was imposed against the applicant on two occasions for misconduct. Upon completion of his AIT he received orders transferring him to Vietnam, with a report date to the overseas replacement detachment at Fort Lewis, Washington of 5 June 1968. He failed to report as directed and was reported as AWOL. He remained absent until he was returned to military control on 30 October 1968.
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. His sentence consisted of confinement at hard labor for 4 months. Upon completion of his confinement at Fort Riley, Kansas, he was transferred to Fort Ord, California on 10 February 1969.
Between the period 3 June to 9 October 1969, NJP was imposed against the applicant on four occasions for three separate AWOL offenses and for being out of uniform in a public place. He was also convicted by a summary court-martial on 20 August 1969 for two separate specifications of AWOL. His sentence consisted of hard labor without confinement for 45 days, reduction to the pay grade of E-1, restriction and a forfeiture of pay.
On 14 November 1969, he again went AWOL and remained absent until he was returned to military control at Fort Dix on 9 June 1970, where charges were preferred against him. After consulting with counsel, he submitted a request for discharge for the good of the service in lieu of trial by court-martial, in accordance with Army Regulation 635-200, chapter 10. He elected not to submit a statement in his own behalf.
The appropriate authority approved the request and directed that he be issued an Undesirable Discharge Certificate.
Accordingly, he was discharged under other than honorable conditions on 26 June 1970 under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He had served 1 year. 2 months, and 29 days of total active service and had 483 days of lost time.
The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge. However, because he failed to apply within that board’s 15-year statute of limitations, this Board accepted his application in lieu of a DD Form 149.
In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Army Review Boards Agency Medical Advisor which opines that the applicant was qualified for separation at the time and there is no evidence in the applicant’s records to show the existence of a disqualifying psychiatric disorder that would substantiate a change in his discharge status.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of the 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 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.
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. The applicant’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.
2. Accordingly, the type of discharge directed and the reasons therefore appear to be appropriate considering all of the facts of the case.
3. The applicant’s contentions have been noted by the Board. However, the evidence submitted with his application and the evidence of record fail to support his contentions. Likewise, the offenses for which he was charged are too serious and his record of service is too undistinguished to warrant relief.
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
__gp____ __rwg___ ___cla __ DENY APPLICATION
Loren G. Harrell
Director
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