| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Ms. Sherri V. Ward | Chairperson | |
| Mr. George D. Paxson | Member | |
| Mr. James E. Anderholm | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions (UOTHC) be upgraded to honorable.
APPLICANT STATES: In effect, that his discharge be recharacterized to honorable.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 2 May 1974 and completed basic and advanced individual training. He served in Germany from 13 September 1974 through 14 February 1975 as a supply clerk.
On 21 January 1975, charges were preferred against the applicant for violating a lawful general regulation and committing an assault on a specialist four.
After consulting with legal counsel, the applicant requested discharge under the provisions of AR 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. In doing so, he admitted guilt to the offenses charged and acknowledged that he might encounter substantial prejudice in civilian life and that he might be ineligible for many or all benefits administered by the Veterans Administration (VA) if an undesirable discharge were issued. The applicant elected not to submit a statement in his own behalf.
On 6 February 1975, the separation authority approved the request for discharge and directed an Undesirable Discharge Certificate be issued. The applicant was discharged on 15 February 1975 under the provisions of AR 635-200, chapter 10. He had 9 months and 14 days of creditable service.
Prior to discharge, the applicant underwent a physical examination and was found fit for separation with a physical profile of 111111.
There is no evidence that the applicant applied to the Army Discharge Review Board for an 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 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. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable 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. The applicant's 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, was administratively correct and in conformance with applicable regulations. There is no indication that the request was made under coercion or duress.
2. The applicant was advised of the effects of an undesirable discharge and that he might be deprived of many or all Army and VA benefits. He was afforded the opportunity to submit statements in his own behalf, but he declined to do so.
3. The type of discharge directed and the reason for his separation were appropriate considering all the facts of the case and there is no basis to upgrade his discharge.
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 this 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
SVW____ GDP____ JEA_____ DENY APPLICATION
| CASE ID | AR2001051293 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010410 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 19750215 |
| DISCHARGE AUTHORITY | AR635-200. . . |
| DISCHARGE REASON | For the good of the Service-in lieu of trial by court-martial |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 110.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003085034C070212
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2001 | 2001059780C070421
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. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge. However, they are not supported by either...
ARMY | BCMR | CY2002 | 2002070720C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: 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:
ARMY | BCMR | CY2003 | 2003089597C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Chapter 10 of the 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 charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. A condition of submitting such a request is that...
ARMY | BCMR | CY2002 | 2002075966C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant was granted leave in the States from 9 November through 8 December 1974. On 19 October 1975, the applicant surrendered to military authorities.
ARMY | BCMR | CY2001 | 2001063263C070421
The Board considered the following evidence: 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: The Board must conclude that the applicant's commander, using the information available to him at that time, properly considered and accepted the applicant's request for discharge.
ARMY | BCMR | CY2001 | 2001051392C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 19 March 1974, the applicant enlisted in the Regular Army for 3 years with 3 years, 7 months and 18 days of prior honorable service. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2001051392SUFFIXRECONDATE BOARDED20010320TYPE OF DISCHARGE(UOTHC)DATE OF DISCHARGE19760121DISCHARGE AUTHORITYAR635-200,chp10 .
ARMY | BCMR | CY2003 | 2003086756C070212
On 4 November 1975, the applicant was discharged, in the pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a characterization of service of under other than honorable conditions. Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions. The Board reviewed the applicant's service records, which included two nonjudicial punishments for failure to go to duty and...
ARMY | BCMR | CY2001 | 2001065190C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that his undesirable discharge be upgraded to honorable. Chapter 10 of the 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 charges have been preferred, submit a request for discharge for the good of the...
ARMY | BCMR | CY2001 | 2001065840C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general or medical discharge. He again went AWOL on 28 July 1975 and remained absent until he surrendered to military authorities at Fort Hood on 22 August 1975, where charges were again preferred against him.