| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Ms. Karol A. Kennedy | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: In effect, that his under other than honorable conditions (UOTHC) discharge be upgraded to a general, under honorable conditions discharge (GD).
APPLICANT STATES: In effect, that he was put in jail while he was sick and then was discharged from the Army and would now like a GD.
EVIDENCE OF RECORD: The applicant's military records show:
On 20 September 1974, he entered the Army for 3 years. He successfully completed basic combat training, advanced individual training, and was subsequently assigned to Fort Sill, Oklahoma.
While assigned to Fort Sill, he went absent without leave (AWOL) on the following three occasions: 22 June to 9 July 1976; 23 July to 31 August 1976; and 9 to 10 September 1976.
On 13 September 1976, a court-martial charge was preferred against the applicant for his three periods of AWOL. After consulting with legal counsel and being advised of the basis of the contemplated trial by court-martial, he voluntarily submitted a request to be discharged for the good of the service/in lieu of trial by court-martial.
On 5 November 1976, the appropriate authority approved the applicant’s request for discharge, under the provisions of chapter 10, Army Regulation 635-200, for the good of the service/in lieu of trial by court-martial and directed that he receive an UOTHC discharge. At the time, he had completed a total of 1 year,
11 months, and 6 days of creditable active military service and had accrued
71 days of time lost 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 statue of limitations.
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 and must include the individual’s admission of guilt. 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 record confirms that the applicant was discharged in lieu of trial by
court-martial. Procedurally, this required him to consult with legal counsel after being charged with the commission of offenses punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. In addition, he would have had to voluntarily request separation after admitting guilt to the stipulated offenses under the UCMJ.
2. Lacking independent evidence to the contrary, the Board is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the Board finds that the type of discharge directed and the reasons therefor were appropriate considering all the facts of the case and his overall record of service.
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
__MKP___ __KAK__ __RTD__ DENY APPLICATION
| CASE ID | AR20010593227 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/10/02 |
| TYPE OF DISCHARGE | (UOTHC) |
| DATE OF DISCHARGE | 19761105 |
| DISCHARGE AUTHORITY | AR 635-200. . . . . |
| DISCHARGE REASON | For the Good of the Service |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 71.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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