| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Sherri V. Ward | Chairperson | |
| Mr. James E. Anderholm | Member | |
| Mr. George D. Paxson | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded to honorable.
APPLICANT STATES: That his discharge should be upgraded because it has been 20 years since his discharge.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in Long Island, New York on 25 April 1979 for a period of 3 years and training as a food service specialist. He was transferred to Fort Jackson, South Carolina to undergo his training.
On 11 June 1979, while still in basic training, nonjudicial punishment was imposed against him for the wrongful possession of marijuana. His punishment consisted of a forfeiture of pay and correctional custody for 15 days (suspended).
Upon completion of his advanced and airborne training he was transferred to Fort Bragg, North Carolina. He was advanced to the pay grade of E-4 on 1 October 1980.
The facts and circumstances surrounding the applicant’s administrative discharge are not present in the available records. However, his records do show that he was under charges for the wrongful possession of marijuana and that he was discharged under other than honorable conditions on 5 February 1982, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He had served 2 years, 9 months and 11 days of total active service.
There is no indication that the applicant has ever applied to the Army Discharge Review Board for an upgrade of his discharge using a DD Form 293 within that board’s 15-year statute of limitations.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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. Such a request is strictly voluntary on the part of the person who has been charged and they must indicate that they have been briefed on the consequences of accepting a discharge under other than honorable conditions and must also indicate that they have not been coerced by anyone to request such a discharge. A discharge under other than honorable conditions is normally considered appropriate and there are no automatic provisions for an upgrade of such a 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 the absence of evidence to the contrary, it must be presumed that 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.
2. Accordingly, it appears that the type of discharge directed and the reasons therefore were appropriate under the circumstances.
3. A request for discharge under Army Regulation 635-200, chapter 10, in lieu of trial by court-martial requires a voluntary request on the part of the individual concerned. Therefore, it appears that he voluntarily requested a discharge for the good of the service in hopes of avoiding a punitive discharge and having a felony conviction on his records. While he may now believe that he made the wrong choice, he should not be allowed to change his mind at this late date.
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
___ja ___ ___sw___ ___gp___ DENY APPLICATION
| CASE ID | AR2001052392 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/04/10 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 1982/02/05 |
| DISCHARGE AUTHORITY | AR635-200/CH10 |
| DISCHARGE REASON | GD OF SVC |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 689 | 144.7000/A70.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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