| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Ms. Karol A. Kennedy | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: In effect, that his discharge under other than honorable conditions (UOTHC) be upgraded.
APPLICANT STATES: That his drinking caused all of his trouble. He provides no supporting evidence.
EVIDENCE OF RECORD: The applicant's available military records show:
He enlisted in the Regular Army on 17 April 1969. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman). He was honorably discharged on 16 December 1969 for the purpose of immediately reenlisting on 17 December 1969. He was honorably discharged on 27 October 1970 for the purpose of immediately reenlisting on 28 October 1970.
On 7 July 1971, while in Vietnam, charges were preferred against the applicant charging him with communicating a threat to injure, being drunk and disorderly in quarters, and assault by striking at an individual with a bayonet.
On 31 August 1971, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial. The applicant was advised of the effects of a discharge UOTHC and that he might be deprived of many or all Army and Veterans Administration benefits. He elected not to submit a statement in his own behalf.
On 3 October 1971, the appropriate authority approved the request and directed the applicant receive a discharge UOTHC.
On 14 October 1971, the applicant was discharged with a discharge UOTHC, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial. He separated on temporary records.
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. A discharge UOTHC is normally considered appropriate.
On 17 November 1977, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgraded discharge.
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 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.
2. The applicant’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations. There is no indication that the request was made under coercion or duress. Considering the seriousness of the offenses charged, the applicant’s drinking problem is not sufficiently mitigating to warrant the relief requested.
3. 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 | AR2001060780 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011002 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 19711014 |
| DISCHARGE AUTHORITY | AR 635-200, ch 10 |
| DISCHARGE REASON | A70.00 |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2004 | 20040000400C070208
Prior to the period of service under review, the applicant served honorably in the Regular Army (RA) from 23 December 1968 until he was separated for reenlistment on 9 February 1971. While an honorable discharge or GD may be issued, a UOTHC discharge is normally considered appropriate. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2012 | 20120006556
On 19 August 1971, court-martial charges were preferred against him for one specification of being AWOL from 10 September 1970 to 16 March 1971. On 13 September 1971, consistent with the applicant's chain of command's recommendations, the separation authority approved the applicant's voluntary request for discharge under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial and directed that he be reduced to the lowest enlisted grade and issued an...
ARMY | BCMR | CY2013 | 20130007839
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant states he went absent without leave (AWOL) as a result of trying to relocate to be with his wife as the military could not accomplish that. Further, the record of evidence shows he acknowledged he was being considered for a UOTHC discharge.
ARMY | BCMR | CY1996 | 9607185C070209
APPLICANT REQUESTS: The applicant requests In effect, that his discharge under other than honorable conditions (UOTHC) be upgraded. On 15 July 1971, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of service with a discharge UOTHC. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.
ARMY | BCMR | CY2011 | 20110001747
IN THE CASE OF: BOARD DATE: 4 August 2011 DOCKET NUMBER: AR20110001747 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides the FSM's: * Bronze Star Medal orders and citation * Discharge orders * DD Form 214 (Armed Forces of the United States Report or Transfer or Discharge) * Certificate of Death * Seven character reference letters * Letter from the Army Board for Correction of Military Records (ABCMR) COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: Counsel provides no...
ARMY | BCMR | CY2002 | 2002076484C070215
The Board considered the following evidence: 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: The fact his prior service was good does not warrant granting the relief requested for his last period of service.
ARMY | BCMR | CY2007 | 20070017337
On 8 July 1971, the major general serving as Commander, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, Washington, approved the applicants request for discharge under the provisions of Army Regulation 635-200, Chapter 10, for the good of the Service, directed that the applicant be reduced to the lowest enlisted grade, and issued an Undesirable Discharge Certificate. The applicant's military service records contain a DD Form 214 that shows he was discharged under other than...
ARMY | BCMR | CY2011 | 20110020822
The applicant requests his under other than honorable conditions discharge (UOTHC) be upgraded to an honorable discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. The applicant's request that his UOTHC discharge should be upgraded to an honorable discharge was carefully considered and it was determined that there is insufficient evidence to support this request.
ARMY | BCMR | CY2011 | 20110012506
The applicant requests his discharge under other than honorable conditions be upgraded to general or honorable. The DD Form 214 he was issued confirms he was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial with his service characterized as "under conditions other than honorable." Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally...
ARMY | BCMR | CY2003 | 2003084642C070212
The applicant submitted two requests to the Army Discharge Review Board asking that his discharge be upgraded. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded: However, the applicant himself stated in his request for discharge that he had no problems in the Army until his arrival in Alaska.