| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Celia L. Adolphi | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to honorable.
APPLICANT STATES: In effect, that his undesirable discharge was unjust because he was suffering from mental anxiety after returning from Vietnam and he went absent without leave (AWOL) because he could not cope with civilian life after returning to the United States. He also states that due to exposure to “Agent Orange” the side effects have surfaced and justice should be considered at this time.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in Louisville, Kentucky on 2 August 1968 for a period of 3 years and training as an armor crewman. He was transferred to Fort Knox, Kentucky to undergo his basic and advanced individual training (AIT).
While in AIT nonjudicial punishment was imposed against him for failure to go to his place of duty. His punishment consisted of extra duty and restriction. He completed his training and was transferred to Vietnam on 16 January 1969. He was advanced to the pay grade of E-3 on the date he arrived. He was advanced to the pay grade of E-4 on 10 March 1969.
He departed Vietnam on 11 January 1970, en route to Fort Carson, Colorado. However, he failed to report as ordered and was reported as AWOL on 19 February 1970.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
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
__cla____ __hbo___ ___ao___ DENY APPLICATION
| CASE ID | AR2001059875 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/10/30 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | UD |
| DISCHARGE AUTHORITY | AR635-200. ch. 10 |
| DISCHARGE REASON | Lieu of trial by court-martial |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 189 | 110.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002070651C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He remained in Germany until 9 July 1969, when he was transferred to Vietnam. He extended his tour in Vietnam for a period of 6 months and was granted a 30-day special leave with a return date of 10 June 1970.
ARMY | BCMR | CY2002 | 2002077142C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: The facts and circumstances surrounding the applicant’s discharge are not present in the available records.
ARMY | BCMR | CY2003 | 2003083515C070212
APPLICANT REQUESTS: The applicant requests, in effect, reconsideration of his request for an upgrade of his Undesirable Discharge to an Honorable Discharge. The applicant failed to return to Vietnam and was reported as being AWOL effective 4 December 1969. On 20 April 1971, the applicant was advised that proceedings to discharge him from the Army under the provisions of Army Regulation 635-212 for unfitness were being initiated.
ARMY | BCMR | CY2003 | 2003083527C070212
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. APPLICANT STATES : That his overall combat service was not given consideration at the time of his discharge. There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.
ARMY | BCMR | CY2006 | 20060006723C070205
The applicant requests that his undesirable discharge be upgraded to at least a general discharge. Accordingly, the applicant was discharged under other than honorable conditions on 27 January 1972, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.
ARMY | BCMR | CY2002 | 2002077296C070215
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. On 22 January 1975, the Army Discharge Review Board denied the applicant's request for an upgrade of his undesirable discharge to a general discharge. The Board also noted the applicant received five nonjudicial punishments, two special courts-martial, and was AWOL for over 600 days after returning from Vietnam.
ARMY | BCMR | CY2001 | 2001057231C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: At the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.
ARMY | BCMR | CY2006 | 20060003083C070205
Thomas Ray | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his undesirable discharge be upgraded to a general discharge. There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.
ARMY | BCMR | CY2002 | 2002081200C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2004 | 20040009518C070208
There is no indication the applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade with that board's 15-year statute of limitations. 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. ...