| Mr. Carl W. S. Chun | Director | |
| Mr. Paul A. Petty | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Ms. Gail J. Wire | Member | |
| Mr. Fred N. Eichorn | Member |
APPLICANT REQUESTS: That his undesirable discharge under conditions other than honorable be upgraded to general under honorable conditions.
APPLICANT STATES: He is very proud of his country and would serve again.
He has been deprived of his rights for 27 years. He asks for a reprieve. He had many years of good conduct but he broke. He made a bad decision.
EVIDENCE OF RECORD: The applicant's military records show:
That he was inducted in the Army of the United States on 5 August 1966. After completing training, he was assigned in Korea as a rifleman on 25 February 1967. On 7 October 1967, he reenlisted for a 6 year term of service in the Regular Army. After completing a 14 month tour in Korea, he was assigned to Fort Carson, Colorado, for the period of 9 June 1968 through approximately
15 June 1969. He was reassigned to Korea on 20 June 1969. He was promoted to the rank of Sergeant (SGT) on 14 September 1969 and placed in the position of an infantry squad leader. After completing a second tour in Korea for
13 months, he was assigned to Fort Meade, Maryland, on 10 July 1970.
On 2 September 1970, he reenlisted for a 6 year term of service and assignment in Vietnam. He was assigned in Vietnam on 2 November 1970 as a infantry team leader. From 5-14 January 1971, he was evacuated as a patient through medical channels to Fitzsimmons Army Hospital in Denver, Colorado. The reason for his evacuation is not found in the available records. On 5 August 1971, he was assigned to the 1st Cavalry Division at Fort Hood, Texas.
Between 3 August 1967 and 17 April 1970, the applicant received punishment under Article 15, Uniform Code of Military Justice (UCMJ), on four different occasions for: driving a five ton vehicle 35 mile per hour (mph) in a 20 mph zone; possession of a false liberty pass; and twice for failure to go at the time prescribed to his appointed place of duty. On 1 February 1972, while assigned at Fort Hood, the applicant was convicted by a special court-martial for a three hour period of Absence Without Leave (AWOL), a 4 day AWOL (6-9 December 1971), and absence from his appointed place of duty. He was sentenced to reduction from SGT to Specialist Four (SP4), forfeiture of $235, and 60 days restriction. The record also shows that he was AWOL from 11-18 January 1972. On 8 February 1972, he was punished under Article 15, UCMJ, for failure to go at the time prescribed to his appointed place of duty, by reduction to Private First Class (PFC) (reduction suspended), forfeiture of $83, and 14 days restriction and extra duty.
On 18 June 1973, the applicant was assigned as a SP4 light weapons infantryman to the 1st Armored Division in Germany. On 27 November 1973, he was punished under Article 15, UCMJ, for missing a movement, by reduction to
PFC (reduction suspended for 90 days). On 30 January 1974, the suspension was vacated and the applicant was reduced to PFC. On 23 January 1974, he was punished under Article 15, UCMJ, for 1 day AWOL, by reduction to Private, pay grade E-2 (reduction suspended for 60 days). On 23 May 1974, he was punished under Article 15, UCMJ, for three incidents of failure to go at the prescribed time to his appointed place of duty, by forfeiture of $150.
On 23 July 1974, the applicant was charged with willfully disobeying an order from a non-commissioned officer, wrongful possession of a controlled substance (morphine), and 2 days AWOL. The charges were supported by a Criminal Investigation Division report and four witness statements. On 28 August 1974, the applicant requested discharge under chapter 10, Army Regulation 635-200, in lieu of trail by court-martial. He received counsel and was advised of his rights. His Brigade Commander recommended approval of the request and an undesirable discharge based on the applicant’s record of misconduct. The applicant’s request was approved by the 1st Armored Division Commanding General on 7 September 1974, who directed that the applicant be discharged in the grade of Private (pay grade E-1) and be issued an undesirable discharge. The applicant was so discharged on 21 September 1974 with a total of 8 years,
1 month, and 1 day service and 16 days lost time.
He had been awarded a Good Conduct Medal (4 August 1969), an Expert Infantryman Badge (EIB) (26 February 1969), the Armed Forces Expeditionary Medal, the Vietnam Campaign Medal, and the Vietnam Service Medal.
The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge. On 28 January 1975, the ADRB conducted a review of his record and determined that he had been properly discharged. The ADRB again reviewed his record on 2 July 1981 and again determined that he had been properly discharged considering the circumstances. The ADRB denied discharge upgrade in both cases.
Army Regulation 635-200 (Enlisted Personnel Separations), chapter 10 (Discharge for the Good of the Service), states that a member who has committed an offense or offenses for which the Uniform Code of Military Justice (UCMJ) and the Manual for Court-Martial (MCM) authorize punishment which includes a punitive discharge (bad conduct or dishonorable), 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. An undesirable discharge under other than honorable conditions is normally considered appropriate. According to the MCM, the maximum punishment for possession of a controlled substance, violation of Article 92, is a bad conduct discharge or a dishonorable discharge, confinement for two years, and total forfeiture of all pay and allowances.
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 that the applicant’s undesirable discharge, in lieu of trial by court-martial, was proper and just. 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
__iw___ __gw______ __fe____ DENY APPLICATION
| CASE ID | AR2001056168 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010809 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19740921 |
| DISCHARGE AUTHORITY | AR 635-200, Chap 10 |
| DISCHARGE REASON | |
| BOARD DECISION | Deny |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110 – Discharge Documents |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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