| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. Terry L. Placek | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to honorable.
APPLICANT STATES: That he was in a fight with another soldier; however, no one was hurt, but he was placed in the stockade and he was later offered an undesirable discharge. He was soldier of the month prior to the fight.
EVIDENCE OF RECORD: The applicant's military records show he enlisted on 5 December 1972, as a unit supply specialist.
On 9 May 1974, he was punished under Article 15, Uniform Code of Military Justice, for violation of a lawful general regulation and for signing an official document with intent to deceive. His punishment consisted of a forfeiture of pay and 30 days restriction and extra duty.
On 26 May 1974, the applicant was arrested for indecent exposure and was confined in the Lawton City Jail, in Lawton, Oklahoma, until 28 May 1974
(2 days).
On 15 July 1974, the applicant was confined by military authorities for assault with a dangerous weapon and for assault upon another soldier.
Charges were preferred against the applicant on 16 July 1974, for the above assaults.
On 6 August 1974, he consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial, under the provisions of Army Regulation 635-200, chapter 10. In doing so, he admitted guilt to the offense charged and acknowledged that he might encounter substantial prejudice in civilian life and might be ineligible for many or all benefits administered by the Veterans Administration (VA) if a discharge under other than honorable conditions were issued. He also elected not to submit a statement in his own behalf.
The applicant underwent a separation medical examination on 9 August 1974, and was found qualified for separation.
On 27 August 1974, the separation authority approved the applicant’s request for discharge and directed that he be furnished an Undesirable Discharge Certificate. The applicant was discharged on 30 August 1974. He had a total of
1 year, 7 months, and 9 days of creditable service and had 48 days of lost time due to confinement.
The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 8 August 2001. However, the ADRB was precluded from accepting his application due to its statute of limitations. This Board accepted his application (DD Form 149), dated 8 August 2001.
Army Regulation 635-200 sets forth the basic authority for 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, 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. A discharge under other than honorable conditions is normally considered appropriate. However, at the time of the applicant’s separation the regulation provided for the issuance of an undesirable
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. 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.
2. The type of separation directed and the reasons for that separation were appropriate considering all of the facts of the case.
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
_tlp____ _rwa____ _lls____ DENY APPLICATION
| CASE ID | AR2001061142 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020108 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19740830 |
| DISCHARGE AUTHORITY | AR 635-200 C, 10 |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 189 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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