| Mr. | Luther L. Santiful | Chairperson | |
| Mr. | George D. Paxson | Member | |
| Ms. | Celia L. Adolphi | Member |
| Mr. | Loren G. Harrell | Director | |
| Mr. | Joseph A. Adriance | Analyst |
APPLICANT REQUESTS: In effect, that his under other than honorable conditions discharge (UOHC) be upgraded to an honorable discharge (HD).
APPLICANT STATES: In effect, that he does not have health insurance and no benefits to look forward to when he is older.
EVIDENCE OF RECORD: The applicant's military records show:
On 12 July 1978 the applicant entered the Regular Army for 3 years. He completed basic training and advanced individual training at Fort Bliss, Texas. Upon completion of training the applicant was awarded military occupational specialty (MOS) 16P (Missile Crewman) and assigned to Fort Ord, California for his first permanent duty station.
The applicant’s record documents no individual acts of valor, achievement, or service warranting special recognition, and indicates the applicant never advanced beyond the rank of private/E-1. However, there is a record of disciplinary infractions which include the applicant accepting nonjudicial punishment (NJP), under the provisions of Article 15 of the UCMJ.
On 11 October 1978 while still in AIT the applicant accepted an NJP for failing to go to his prescribed place of duty. His punishment for this offense included forfeiture of $50.00 and 14 days of restriction and extra duty.
On 7 November 1978 the applicant went AWOL from his unit at Fort Ord, California and remained away until returning to military control at Memphis, Tennessee on 24 May 1979.
The evidence of record indicates that on 7 June 1979 a court-martial charge was preferred against the applicant for violation of Article 86 for the AWOL period outlined in the preceding paragraph. The record also contains documented evidence that on 8 June 1979 the applicant voluntarily requested discharge for the good of the service-in lieu of trial by court-martial, under the provisions of chapter 10 of AR 635-200. This request was made after the applicant had been advised by counsel of the basis for his contemplated trial by court-martial, the maximum permissible punishment, and of the possible effects of a UOHC. 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. He also stated that, under no circumstances, did he desire rehabilitation or to perform further military service.
On 18 June 1979 the appropriate authority approved the applicant's request for discharge and directed issuance of a UOHC. Accordingly, on 16 July 1979 the applicant was discharged after completing 5 months and 18 days of active military service and accruing 198 days of time lost due to AWOL.
There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.
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 Board noted the applicant’s desire to obtain medical and other benefits. However, the Board concluded these issues are not matters on which an upgrade of discharge is granted because it raises no matter of fact, law, procedure, or discretion relating to the discharge process nor is it associated with the discharge at the time of issuance. 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.
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 offense under the UCMJ, and attested to his understanding of the possible loss of veterans benefits based on receiving a UOHC.
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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