| Mr. Carl W. S. Chun | Director | |
| Mr. Walter Avery, Jr. | Analyst |
| Mr. George D. Paxson | Chairperson | |
| Mr. Thomas A. Pagan | Member | |
| Mr. Melvin H. Meyer | Member |
APPLICANT REQUESTS: In effect, that the Under Other Than Honorable Conditions (UOHC) characterization of his discharge be upgraded.
APPLICANT STATES: In effect, that since leaving the service he has rid himself of the bad habits that led to his discharge. He no longer uses drugs and now speaks to youth about the danger of drugs and gangs. He also strongly recommends military service because it was a good experience for him.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 31 May 1978, for a period of 3 years. At the time of enlistment, he was 18 years old, had completed high school, and had an Armed Forces Qualification Score of 59, which placed him in Mental Category III (indicating soldiers with average learning abilities).
Charges were preferred against the applicant for two specifications of absence without leave (AWOL) from 3 April 1979 to 6 June 1979, and 6 June 1979 to 23 August 1979.
On 27 August 1979, after consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10. He indicated in his request that he understood he could receive a UOHC discharge. He acknowledged by his signature that he had been fully advised in this matter and declined to submit a statement in his own behalf.
On 27 August 1979, his commander recommended that he be eliminated from the service and that he be issued an undesirable discharge.
The appropriate authority approved his request for separation under the provisions of AR 635-200, chapter 10 with an UOHC discharge and directed the issuance of a DD Form 258A, Undesirable Discharge Certificate. Accordingly, on 28 September 1979, he was discharged.
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. The evidence available indicates that the chapter 10 discharge proceedings were conducted in accordance with law and regulations applicable at the time. The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.
2. There is insufficient evidence in the available records to indicate that the applicant was any less mature or educated than others who successfully completed their tours of service. The applicant is commended for his post separation conduct. However, as indicated above, chapter 10 is a voluntary action on the part of an accused that has been charged with a crime punishable by court-martial and requires counseling by a military attorney before the accused is permitted to request the discharge. The applicant was AWOL for an extensive period. A conviction at a court-martial could have possibly resulted in a prison sentence and the permanent stigma of a federal conviction. Therefore, it appears that the applicant requested the administrative discharge he received rather than risk the consequences of a trial by court-martial.
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 satisfies 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
___gdp __ ___tap___ __mhm DENY APPLICATION
Carl W. S. Chun
Director, Army Board for Correction
of Military Records
INDEX
| CASE ID | AR2001060779 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010221 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | Deny |
| REVIEW AUTHORITY | |
| ISSUES 1. . 144.0136 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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