| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. Melvin H. Meyer | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded to an honorable discharge.
APPLICANT STATES: That he is requesting an upgrade because he made a bad decision a long time ago and is hoping to clear his record and start his life over. In support of his application he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
EVIDENCE OF RECORD: The applicant's military records show he enlisted on 30 October 1984 as a single channel radio operator.
Charges were preferred against the applicant on 31 January 1986, for being AWOL from 6 September 1985 to 3 January 1986 (120 days).
On 31 January 1986, he consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial, under the provisions of Army Regulation 635-200, chapter 10. In doing so, he admitted guilt to the offense charged and acknowledged that he might encounter substantial prejudice in civilian life and might be ineligible for many or all benefits administered by the Veterans Administration (VA) if a discharge under other than honorable conditions were issued. He also elected not to submit a statement in his own behalf.
On 21 March 1986, the separation authority approved the applicant’s request for discharge and directed that he be furnished an Under Other Than Honorable Conditions Discharge Certificate. The applicant was discharged on 14 April 1986. He had a total of 1 year, 1 month, and 17 days of creditable service and 120 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 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.
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’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.
2. The type of discharge directed and the reasons for that separation were appropriate considering all of the facts of the case.
3. 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.
4. 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
__fe___ ___be_____ __mm___ DENY APPLICATION
| CASE ID | AR2001058901 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011018 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 19860416 |
| DISCHARGE AUTHORITY | AR 635-200 c, 10 |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 189 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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