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Decision Text

ARMY | BCMR | CY1997 | 9711696
Original file (9711696.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his discharge be upgraded to an honorable discharge; that the reason be changed to convenience of the government; that his reentry eligibility code be changed to RE-1; and that his separation program designator code be correspondingly changed.

APPLICANT STATES : In effect, that his recruiter misinformed him about his eligibility to receive an enlistment bonus and his eligibility for family housing. He states his ability to serve was greatly impaired because of the mental anguish he suffered due to the marital, child care and family problems which arose in relation to this misinformation.

EVIDENCE OF RECORD : The applicant’s military records show:

He was born on 10 October 1952. He completed 11 years of formal education. He entered the Delayed Enlistment Program on 22 July 1980 and enlisted in the Regular Army on 19 August 1980 for 3 years. He completed basic training and advanced individual training and was awarded military occupational specialty 16E (Hawk Fire Control Crewmember).

On 10 February 1981, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for being absent without leave (AWOL) for the period 11 January - 4 February 1981.

On 5 April 1981, the applicant departed AWOL again.

On 31 October 1988, the applicant was sent a notification letter that he was discharged in absentia, effective 25 October 1988, due to expiration of the statute of limitations on prosecution.

The applicant was discharged under other than honorable conditions, in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 14 for serious offense - desertion. He had completed 5 months and 11 days of creditable active service and had 2279 days of lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.
On 12 March 1997, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgraded discharge; however, it did change the reason for his discharge to Chapter 14, misconduct, determining that such a reason change would represent an enhancement of the applicant’s current discharge.

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.

2. The applicant’s administrative separation was accomplished in compliance with applicable regulations.

3. The applicant’s contention that his recruiter gave him misinformation or misrepresented facts to him is not supported by evidence in the records and the applicant has not supplied any such evidence.

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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