| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Thomas B. Redfern, III | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: In effect, that his general discharge be upgraded to honorable.
APPLICANT STATES: In effects, that his military service was marked by bad judgement, immaturity, youth, and stress. He states that he only accepted
nonjudicial punishment (NJP) on one or two occasions during his period of enlistment.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant entered the Army on 3 October 1967. He was awarded military occupational specialty (MOS) 63B (Wheel Vehicle Repairman). His awards include the National Defense Service Medal and the Vietnam Service Medal. His highest rank attained was private first class, pay grade E-3.
The applicant completed basic combat training, advanced individual training, and was subsequently assigned to Vietnam. He completed his tour in Vietnam and failed to report to his new duty station. He was declared absent without leave (AWOL) on 9 September 1969 and remained in that status until returning to military control on 9 December 1969, at the Personnel Control Facility, Fort Dix New Jersey. He was placed in confinement from 10 December 1969 to
9 February 1970, and upon his release he was reassigned to Fort Eustis, Virginia.
The applicant again went AWOL from 3 April 1970 to 21 January 1971 and from
5 February 1971 to 9 April 1972. On 13 April 1972, court-martial charges for these AWOL offenses were preferred against the applicant and after consulting legal counsel he voluntarily submitted a request to be discharged for the good of the service, in lieu of trial by court-martial.
The request for discharge was approved by the appropriate authority and on
6 June 1972, the applicant was discharged from the Army under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 10 for the good of the service, in lieu of trial by court-martial. A the time of his discharge he had completed a total of 2 years, 5 months, and 11 days of active military service and had accrued 814 days of lost time due to AWOL and confinement.
The applicant submitted a request for an upgrade of his discharge to the Army Discharge Review Board (ADRB) and on 17 October 1977, the ADRB upgraded his discharge to general, under honorable conditions under the criteria of the Department of Defense Discharge Review Program (Special) in effect at the time.
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 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 court-martial charges have been preferred. 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 applicant was discharged from the Army on 6 June 1972, under other than honorable conditions in accordance with Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial and his discharge was upgraded to general by the ADRB on 17 October 1977.
2. The evidence of records shows the applicant had 814 days of lost time due to AWOL and confinement. The Board concludes that these discreditable entries of misconduct in the applicant’s record were of such magnitude that it would prohibit an upgrade of his discharge.
3. The applicant’s contentions have been noted by the Board. However,
they are not sufficiently mitigating to warrant an upgrade of 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
__MKP _ __TBR __ __RKS__ DENY APPLICATION
| CASE ID | AR2001056162 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/08/07 |
| 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. | 71.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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