| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Ms. June Hajjar | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. Ernest W. Lutz | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded.
APPLICANT STATES: He was discharged without a medical, physical or mental evaluation. When he was in the Army he was a practicing alcoholic. He is now in recovery but is in need of medical benefits due to his previous abuse of alcohol.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 21 May 1968, was awarded the military occupational specialty of artillery surveyor, and was promoted to pay grade E-3.
On 7 October 1968 the applicant was convicted by a special court-martial of being Absent Without Leave (AWOL) from 1 August to 3 September 1968, and from 14 to 16 September 1968.
On 3 April 1969 the applicant was convicted by a special court-martial of being AWOL from 24 November 1968 to 19 January 1969.
On 10 November 1971 court-martial charges were preferred against the applicant for being AWOL from 30 June to 28 October 1971, for being AWOL from 19 January to 2 November 1970; for being AWOL from 11 November to 9 December 1970, and for being AWOL from 13 December 1970 to 7 June 1971.
On 16 November 1971 the applicant was given a separation physical examination which included a mental status evaluation. The applicant was determined to have no significant mental or physical defects.
On 17 November 1971 the applicant requested discharge in lieu of trial by court-martial for the good of the service. Attached to his request for discharge was a statement containing matters of mitigation. In that statement the applicant said that the reason he went AWOL was because he was not being paid by the Army and he had a wife to support and bills to pay.
That request was accepted by the appropriate authority and the applicant was issued an Undesirable Discharge Certificate on 17 December 1971. His separation documents show that he had a total of 1 year, 3 months and 3 days of creditable service, and 693 days of lost time. His awards consisted of the Sharpshooter Badge with Rifle Bar, and the National Defense Service Medal.
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 and applicable law and regulations, it is concluded:
1. The applicant has not claimed innocence of the court-martial charges which led to his discharge, nor has he claimed that his rights in the discharge process were violated, other than not receiving a physical and mental evaluation to determine his fitness for separation.
2. However, contrary to the applicant’s contention, he was in fact given a physical and mental status evaluations prior to his discharge. Neither of those examinations uncovered any medically disqualifying condition.
.
3. 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
__jh_____ ___mhm_ ___ewl __ DENY APPLICATION
| CASE ID | AR2001053293 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010801 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002075993C070403
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 undesirable discharge be upgraded to a general discharge or an honorable discharge. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.
ARMY | BCMR | CY2004 | 2004103824C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 16 November 1970, the applicant’s unit commander recommended that the applicant be discharged from the service for unfitness with an Undesirable Discharge Certificate. On 7 December 1970, the appropriate authority approved the applicant’s commander’s recommendation to discharge the applicant for unfitness with an Undesirable Discharge Certificate.
ARMY | BCMR | CY2003 | 2003091840C070212
The applicant requests reconsideration of his earlier request to change his undesirable discharge to a medical discharge or he requests his undesirable discharge be upgraded to a general discharge. On 5 October 1971, the Army Discharge Review Board denied the applicant's request to upgrade his discharge. When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2005 | 20050004444C070206
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant provides his self authored statement, Honorable Discharge Certificate, and Certificate of Military Service. These documents verify that the applicant received an honorable discharge for active service from 25 January 1968 through 19 June 1970.
ARMY | BCMR | CY2004 | 2004100748C070208
The applicant requests, in effect, that his undesirable discharge (UD) be upgraded to a general, under honorable conditions discharge (GD). On 23 November 1971, the applicant was discharged accordingly. The medical evidence provided by the applicant shows that he was treated for depression in September 1970 and that he indicated he suffered from depression and excessive worry in a medical history form completed during his separation processing.
ARMY | BCMR | CY2001 | 2001065067C070421
EVIDENCE OF RECORD : The applicant's military records show: He continuously served on active duty until 8 January 1971, at which time he was undesirably discharged under the provisions of chapter 10, Army Regulation 635-200, for the good of the service/in lieu of trial by court-martial. On 17 November 1983, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge after determining that it had been proper and equitable.
ARMY | BCMR | CY2006 | 20060005018C070205
The applicant is requesting correction of an alleged error which occurred on 22 October 1971, the date of his discharge from active duty. On 22 October 1971, the applicant was discharged for the good of the service under conditions other than honorable. 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 | BCMR | CY2002 | 2002082256C070215
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. Since the applicant has not submitted any specific matters which the Board could consider in determining whether his discharge should be upgraded based on equity , there is no basis for granting his request.
ARMY | BCMR | CY2003 | 2003083515C070212
APPLICANT REQUESTS: The applicant requests, in effect, reconsideration of his request for an upgrade of his Undesirable Discharge to an Honorable Discharge. The applicant failed to return to Vietnam and was reported as being AWOL effective 4 December 1969. On 20 April 1971, the applicant was advised that proceedings to discharge him from the Army under the provisions of Army Regulation 635-212 for unfitness were being initiated.
ARMY | BCMR | CY2002 | 2002068655C070402
APPLICANT REQUESTS: That his records be corrected by upgrading his discharge. On 11 May 1970, the appropriate separation authority approved the applicant’s separation under the provisions of Army Regulation 635-212, and directed the issuance of an undesirable discharge. On 22 May 1985, the Army Discharge Review Board denied the applicant’s request to upgrade his discharge.