| Mr. | Luther L. Santiful | Chairperson | |
| Mr. | Fred N. Eichorn | Member | |
| Mr. | Robert W. Garrett | Member |
| Mr. | Karl F. Schneider | Acting Director | |
| Mr. | Joseph A. Adriance | Analyst |
APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded.
APPLICANT STATES: In effect, that he has been a model citizen for 23 years and that he thinks his legal guardian, didn’t sign for him to enter the service; however, his mother who was not his guardian at the time signed for him.
EVIDENCE OF RECORD: The applicant's military records show:
On 16 July 1969 the applicant entered the Regular Army for
3 years at age 17. He successfully completed basic training at Fort Benning, Georgia, advanced individual training (AIT) at Fort Know, Kentucky, and the basic airborne course at Fort Benning, Georgia. Upon completion of AIT he was awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist) and he earned the parachutist badge for graduating from the airborne course.
The applicant’s record is void of information on any specific acts of achievement, valor or service warranting special recognition or commendation. However, there is documented evidence of an extensive record of repeated AWOL disciplinary infractions.
The evidence of record indicates that on 25 June 1974 a
DD Form 458 (Charge Sheet) was prepared preferring a charge of violation of Article 85 (Desertion) against the applicant for going AWOL on 16 September 1970, with the intent to stay away permanently, until apprehended on or about 14 June 1974.
The record also contains documented evidence that on
27 June 1974 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 discharge UOHC.
On 1 August 1974 the appropriate authority approved the applicant's request for discharge and directed issuance of a UOHC discharge. Accordingly, on 16 August 1974 the applicant was discharged after completing 1 year,
and 8 days of active military service, and accruing
1463 days of time lost due to AWOL and confinement.
On 28 June 1983 the Army Discharge Review Board denied the applicant’s request for an upgrade to his discharge.
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, and applicable law and regulations, it is concluded:
1. The Board found no evidence of record or independent evidence submitted by the applicant which supported his claim that his mother was not his legal guardian at the time he enlisted in the Regular Army. A properly prepared and notarized DD Form 373 (Consent, Declaration of Parent or Legal Guardian) is contained in the record. The document was verified with a birth certificate, and was authenticated by the applicant’s mother who attested to the fact that she was the applicant’s legal guardian. The Board also noted the applicant’s post service good conduct but determined this factor was not sufficiently mitigating to warrant an upgrade of his discharge.
2. The Board determined 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 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.
3. 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.
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
DENY APPLICATION
Karl F. Schneider
Acting Director
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