| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Mr. Donald P. Hupman | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: In effect, that his under other than honorable conditions discharge be upgraded.
APPLICANT STATES: In effect, that his discharge was a “breach of contract”.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant entered active duty on 10 October 1979 for a period of three years. He attended basic combat training at Fort Jackson, South Carolina, and was assigned to Fort Lee, Virginia, for advanced individual training (AIT).
While in AIT, the applicant received nonjudicial punishment for being absent without leave (AWOL) from 2 February 1980 to 4 February 1980.
On 18 March 1980, he received nonjudicial punishment again for being derelict in the performance of his duties.
Records show the applicant was also AWOL from 1 May 1980 to 16 June 1980.
The facts and circumstances pertaining to the applicant’s discharge proceedings are not present in his records. However, his DD Form 214 (Report of Transfer or Discharge) indicates that he was discharged on 11 August 1980, under the provisions of Army Regulation 635-200, chapter 10, administrative discharge conduct triable by court-martial and was issued an under other than honorable conditions discharge. He had 7 months and 21 days of creditable service with 50 days of lost time.
Prior to his discharge, the applicant underwent a mental status evaluation and was cleared for separation.
There is no indication that the applicant applied to the Army Discharge Review Board (ADRB) within its 15-year statute 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 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. In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with his overall record.
2. The Board considered the applicant’s contention that his discharge was a “breach of contract”; however, the applicant has not presented any evidence that the discharge process was flawed or that there were procedural errors which would tend to jeopardize his rights. Therefore, there is no basis for upgrading his discharge.
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
RVO____ DPH_____ RKS_____ DENY APPLICATION
| CASE ID | AR2001060388 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20011016 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 19800811 |
| DISCHARGE AUTHORITY | AR635-200,chapter 10 |
| DISCHARGE REASON | Administrative discharge conduct triable by a court-martial |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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