| Mr. | James C. Hise | Chairperson | |
| Ms. | JoAnn H. Langston | Member | |
| Mr. | Thomas D. Howard Jr. | Member |
| Mr. | Loren G. Harrell | Director | |
| Mr. | Joseph A. Adriance | Analyst |
APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded to an honorable discharge (HD).
APPLICANT STATES: In effect, that he apologizes for his misconduct; that at the time of his discharge he was lost; and that his lack of understanding the English language caused him to be confused and impaired his ability to serve.
EVIDENCE OF RECORD: The applicant's military records show:
On 21 December 1967 the applicant entered the Regular Army for a period of two years at the age of 20. He completed basic training at Fort Jackson, South Carolina and was assigned to Fort Lewis, Washington to perform duties in military occupational specialty 94A (Cooks Helper).
The applicant’s record documents no individual acts of valor, achievement, or service warranting special recognition, and indicates the highest grade he held on active duty was private first class/E-3. However, there is a record of disciplinary infractions which includes the applicant being tried by special court-martial.
On 25 September 1968 the applicant was tried by special court-martial, for violation of Article 86 of the UCMJ, for being AWOL between 6 July and
4 September 1968. He was found guilty and sentenced to confinement at hard labor for 4 months and forfeiture of $70.00 per month for 4 months.
The record also documents a period of confinement from 14 December 1968 to 29 January 1969.
The applicant’s record is void of facts and circumstances concerning the events that led to a discharge from the Army. However, the record does contain information that court-martial charges were preferred against the applicant for assaulting a noncommissioned officer and for possessing a dangerous drug (allobarbital). The record also contains a properly constituted DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) which was authenticated by the applicant. The DD Form 214 shows the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial. In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. Procedurally, the applicant was required to consult with defense counsel, and to voluntarily, and in writing, request separation from the Army in lieu of trial by court-martial. In doing so, the applicant would have had to admit guilt to the stipulated offenses under the UCMJ.
The DD Form 214 documents that the applicant was discharged with a UD on
2 February 1970 after completing 1 year and 10 months of active military service, and accruing 106 days of time lost due to AWOL and confinement.
On 22 September 1972 the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade to his discharge and found that the discharge process was proper in all respects. On 14 June 1977 the applicant’s case was again considered by the ADRB, under the provisions of the Special DOD Discharge Review Program, and the ADRB again determined the discharge process was proper in all respects and there was no compelling reason to grant relief.
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. However, at the time of the applicant's separation the regulation provided for the issuance of a UD.
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 Board noted that the applicant’s record contains a properly constituted DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) which was authenticated by the applicant. This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process. 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 Board concurs with the findings and conclusions of the ADRB and presumes that the applicant's administrative separation was accomplished in compliance with applicable regulations. There is no indication of procedural errors by the ADRB which would tend to have substantially jeopardized the applicant's rights.
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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