| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. John N. Slone | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. Curtis L. Greenway | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded to honorable.
APPLICANT STATES: That he was not given a fair hearing. In support of his application he submits a copy of his DD Form 214.
EVIDENCE OF RECORD: The applicant's military records show he enlisted on 19 February 1980 as a light weapons infantryman.
On 18 September 1980, he was punished under Article 15, UCMJ, for being AWOL from 21 to 28 July 1980 (7 days). His punishment consisted of 30 days confinement.
Charges pertaining to the applicant are unavailable for review.
The facts and circumstances pertaining to the applicant’s discharge are not present in the available records. However, his DD Form 214 shows that on 24 February 1981, he was discharged under the provisions of Army Regulation
635-200, chapter 10, for the good of the service in lieu of trial by court-martial.
He was furnished an Under Other Than Honorable Conditions Discharge Certificate. He had a total of 11 months and 29 days of creditable service and had 7 days of lost time due to AWOL.
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 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 submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after the charges have been preferred and must include
the individual’s admission of guilt. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally
considered appropriate.
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 notes the applicant’s contention; however, there is no evidence in the available records, and the applicant has provided no evidence to support his contention or to show that his discharge was unjust and should be upgraded.
2. In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no procedural errors, which would tend to jeopardize his rights.
3. The type of separation directed and the reasons therefor were appropriate considering all of the available facts of the case.
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
___js___ ___be___ ___cg___ DENY APPLICATION
| CASE ID | AR2001052522 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010419 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 19810224 |
| DISCHARGE AUTHORITY | AR 635-200 C, 10 |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 189 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002077904C070215
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. APPLICANT REQUESTS: That his records be corrected by upgrading his 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:
ARMY | BCMR | CY2001 | 2001056989C070420
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 discharge under other than honorable conditions be upgraded to a more favorable discharge. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2002 | 2002079517C070215
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 | CY2002 | 2002069115C070402
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: In the spring of 1980, he returned home on leave and found his daughter and her mother going through many hardships.
ARMY | BCMR | CY2002 | 2002081273C070215
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: A condition of submitting such a request is that the individual concerned must admit guilt to the charges against them or of a lesser included offense which authorizes the imposition of a bad conduct or dishonorable discharge and they must indicate that they have been briefed and understand the consequences of such a request as...
ARMY | BCMR | CY2001 | 2001063982C070421
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 | CY2002 | 2002074890C070403
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 | CY2002 | 2002067956C070402
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 | CY2003 | 2003086315C070212
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 2 August 1976, he enlisted in the Army for 3 years in the pay grade of E-1.
ARMY | BCMR | CY2002 | 2002068671C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 20 October 1980, the separation authority directed that the applicant be reduced to pay grade E-1 and separated with a UOTHC discharge. The applicant expressed that he was experiencing personal problems after he returned from being AWOL, however, there is no evidence that he sought assistance through his chain of command prior to going AWOL.