| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. John N. Slone | Chairperson | |
| Ms. Margaret V. Thompson | Member | |
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions (UOTHC) be upgraded.
APPLICANT STATES: That he could not go before the board because he was incarcerated in the Escambia County Jail, Pensacola, FL. He had requested a general discharge. He was young and very irresponsible. He could not adjust to military life. Also, his son was born with spinal meningitis and he wanted to be at his side which was the reason he went absent without leave (AWOL). Also, he was not in the Army for a complete 6 months. He provides no supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 7 December 1955. He enlisted in the Regular Army on 25 April 1974. He completed basic training and advanced individual training and was awarded military occupational specialty 63A (Mechanic Maintenance Helper).
On 14 August 1974, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for being AWOL from 1 – 26 July 1974.
The applicant was assigned to Fort Knox, KY on 6 September 1974. He reported in civilian clothes and informed authorities that his baggage was in a locker in Indianapolis, IN. He was given leave to get his clothes. He did not return from leave and was reported AWOL from 17 September 1974 to 24 January 1975.
The applicant had apparently been arrested by civil authorities while AWOL. No details are available.
On 5 February 1975, charges were preferred against the applicant charging him with being AWOL from 17 September 1974 to on or about 25 January 1975.
On 6 February 1975, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial. He did not specify the type of discharge he was requesting. He was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits. He submitted no statement in his own behalf. He did sign a Voluntariness Statement in which he stated that the Army was “OK” but he wanted out and that he understood that he would receive a “U. D.” (an undesirable discharge ).
On 12 February 1975, the applicant completed a separation physical and was found qualified for separation. He noted on his Report of Medical History, Standard Form (SF) 93, that his health was good.
On 3 March 1975, the appropriate authority approved the applicant’s request and directed he receive a discharge UOTHC.
On 19 March 1975, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a discharge UOTHC. He had completed 5 months and 20 days of creditable active service and had 155 days of lost 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 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. The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. A discharge under other than honorable conditions is normally considered appropriate. Chapter 2 provides that a soldier will be awarded an uncharacterized description of service if in an entry-level status (for Regular Army soldiers, entry level status is the first 180 days of continuous active duty) unless a characterization of UOTHC is authorized under the reason for separation and is warranted by the circumstances of the case.
On 14 December 1981, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgraded 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 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.
2. The applicant voluntarily requested separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service to avoid trial by court-martial. There were no board proceedings. The evidence of record shows that he understood he would receive an undesirable, discharge UOTHC. His discharge was administratively correct and in conformance with applicable regulations. There is no indication that the request was made under coercion or duress.
3. The Board is cognizant of the applicant’s young age at the time of his enlistment. However, the Board also recognizes that thousands of soldiers who enter the Army at 18 years of age go on to successfully complete their enlistments. Considering the applicant’s record of service, it would not be equitable to upgrade his discharge.
4. Regarding the applicant’s concern that he was not in the Army a complete 6 months, the Board presumes he is referring to the uncharacterized discharge normally given to soldiers with less than 180 days of continuous active duty. That rule does not apply if the characterization of under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case. The Board concludes that the exception to this rule applies in the applicant’s case.
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
__jns___ __mvt___ __wdp___ DENY APPLICATION
| CASE ID | AR2001058208 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010724 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 19750319 |
| DISCHARGE AUTHORITY | AR 635-200, ch 10 |
| DISCHARGE REASON | A70.00 |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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