| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. John E. Denning | Member | |
| Mr. Terry L. Placek | Member |
APPLICANT REQUESTS: In effect, that under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge (HD).
APPLICANT STATES: In effect, that he was on emergency leave in the United States due to the death of a family member and had transportation problems in trying to return to Germany. He indicates that he eventually returned to Germany and explained his situation to his company commander but court-martial charges were still preferred against him. In support of his application, he submits a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214).
EVIDENCE OF RECORD: The applicant's military records show:
On 7 July 1978, he enlisted in the Regular Army for 3 years. He successfully completed training and was awarded military occupational specialty (MOS)
11B (Infantryman).
The applicant’s record documents no acts of valor, significant achievement, or service warranting special recognition and confirms that highest rank he attained while on active duty was private first class/E-3 (PFC/E-3). However, it does show an extensive disciplinary history that includes his acceptance of nonjudicial punishment (NJP) on the following three occasions: 17 January 1980, for failure to go to his appointed place of duty; 8 February 1980, for failure to go to his appointed place of duty; and 8 April 1980, for being absent without leave (AWOL) from 15 to 27 March 1980.
On 15 May 1980, court-martial charges were preferred against the applicant for the following offenses: AWOL, from 25 April 1980 to 14 May 1980; breaking arrest; stealing property; and breaking restriction. After consulting with legal counsel and being advised of the basis for the contemplated trial by court-martial; the maximum allowable punishment; and the possible effects of an UOTHC discharge, the applicant voluntarily requested to be discharged for the good of the service, in lieu of trial by court-martial, under the provisions of chapter 10, Army Regulation 635-200.
On 20 June 1980, the appropriate authority approved the applicant’s discharge request and directed he be separated UOTHC and that he be reduced to the lowest enlisted grade.
On 16 July 1980, the applicant was discharged accordingly. At the time of his discharge he had completed 1 year, 10 months, and 5 days of creditable active military service and had accrued 65 days of time lost due to AWOL and confinement.
On 17 December 1984, the Army Discharge Review Board determined the applicant’s discharge had been proper and equitable and denied his request for an upgrade to his discharge.
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 Board notes the applicant’s contention that transportation problems he had subsequent to his being on an authorized emergency leave was a mitigating factor in the AWOL related misconduct that ultimately resulted in his discharge. However, it finds this claim is insufficiently mitigating to warrant the requested relief.
2. The evidence of record shows the applicant was charged with the commission of multiple offenses punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. The Board notes that, after consulting with defense counsel, the applicant voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial. In doing so, he admitted guilt to the stipulated offenses under the UCMJ.
3. 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. It also notes that the characterization of service for this type of discharge is normally UOTHC and that the applicant was aware of that prior to requesting discharge. Finally, the Board finds the applicant’s characterization of service was appropriate based on his overall record of service.
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
_ FNE __ __JED__ _ _TLP _ DENY APPLICATION
| CASE ID | AR2001059417 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/09/13 |
| TYPE OF DISCHARGE | (UOTHC,) |
| DATE OF DISCHARGE | 1980-07-16 |
| DISCHARGE AUTHORITY | AR 635-200. . . . . |
| DISCHARGE REASON | For the good of the service |
| BOARD DECISION | ( DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 70.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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