| Mr. Loren G. Harrell | Director | |
| M | Analyst |
| Mr. | Chairperson | |
| Mr. | Member | |
| Mr. | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions (UOTHC) be upgraded to at least a general discharge.
APPLICANT STATES: That he had received two honorable discharges. After his third enlistment, he was suffering from post-traumatic stress disorder, substance abuse (alcohol), and depression due to his experiences in Vietnam and the violent death of his first wife while he was in Vietnam, as well as having marital problems.
EVIDENCE OF RECORD: The applicant’s military records show:
He enlisted in the Regular Army on 22 April 1969. He accepted non-judicial punishment under Article 15, Uniform Code of Military Justice, for being absent without proper authority from 1030 - 1200 27 May 1969. He completed basic training and advanced individual training and was awarded military occupational specialty (MOS) 13A (Field Artilleryman). He was honorably discharged on 22 December 1969 and immediately reenlisted on 23 December 1969.
On 5 March 1970, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for being absent without leave (AWOL) from 22 February - 4 March 1970.
On 7 March 1970, the applicant arrived in Vietnam. He was awarded an additional MOS of 94A (Cook’s Helper) on 25 June 1970 and awarded primary MOS 94B (Cook) on 1 September 1970. It is unclear what MOS he worked in while in Vietnam. His Personnel Qualification Record has two line entries showing he worked as a 13A Cannoneer; however, those entries are deleted and replaced with two entries showing he worked as a 94B Cook. He departed Vietnam on 28 January 1971. He was honorably released from active duty on 13 December 1972.
The applicant reenlisted on 11 June 1979.
He departed AWOL 18 December 1980 - 2 September 1981 and 8 September 1981 - 18 January 1982.
The court-martial charge sheet is not available.
On 27 January 1982, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Chapter 10, Army Regulation 635-200 for the good of the service in lieu of trial by court-martial. The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits. He elected not to submit a statement in his own behalf.
The approval is not available.
The applicant was placed on excess leave 27 January -23 February 1982.
On 23 February 1982, the applicant 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, discharge in lieu of trial by court-martial. He had completed 5 years, 2 months and 29 days of creditable active service and had 402 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, 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.
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. 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.
2. The applicant made a 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. His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. He had an opportunity to submit a statement proposing mitigating factors for his AWOL and chose not to do so.
3. This Board also notes that the applicant had a relatively lengthy period (10 days) of AWOL prior to his arrival in Vietnam and the death of his first wife.
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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