| Mr. Carl W. S. Chun | Director | |
| Mrs. Carolyn G. Wade | Analyst |
| Mr. George D. Paxson | Chairperson | |
| Mr. Thomas A. Pagan | Member | |
| Mr. Melvin H. Meyer | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions (UOTHC) be changed to a medical discharge.
APPLICANT STATES: In effect, that he suffered a mild stroke in 1984 while on active duty and that the doctors could not tell him why he had the stroke. He adds that he suffered a second stroke in 1990 and has been unemployed ever since. He believes that if it had not been for the strokes, he would have made the military a career and would have qualified for retirement. In support of his application, he submitted a personal statement and various documents from his OMPF.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 21 August 1974 for a period of 3 years and the Continental United States (CONUS) Unit of Choice Enlistment Option – 82nd Airborne Division, Fort Bragg, North Carolina. Following completion of basic and advanced individual training, the applicant was awarded military occupational specialty (MOS) 11B, Infantryman and transferred to Fort Benning, Georgia, for basic airborne training. Following completion of basic airborne training, the applicant was awarded MOS 52B, Power Generator Operator/Mechanic and was assigned to Fort Bragg, North Carolina. On 1 March 1978, the applicant was awarded MOS 63B, Light Wheel Vehicle Mechanic.
On 1 August 1982, the applicant was promoted to the rank of staff sergeant, pay grade E-6. This was his highest rank.
On 20 November 1985, the applicant was assigned to Aberdeen Proving Grounds, Maryland, for schooling. On 25 November 1985, he departed his unit in an absent without leave (AWOL) status and remained absent until 6 January 1986.
The applicant returned to military control on 6 January 1986 at Fort Knox, Kentucky. He was assigned to the Personnel Control Facility and informed that court-martial charges would be preferred against him. On 8 January 1986, he was scheduled to take a separation physical examination, but he declined.
Court martial charges were preferred against the applicant on 15 January 1986 for one specification of AWOL totaling 42 days. On 16 January 1986, after consulting with counsel about his rights, the applicant voluntarily, and in writing, requested discharge under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial. The applicant elected not to submit a statement in his own behalf. The chain of command recommended approval of the applicant’s request for discharge with a UOTHC discharge. On 28 February 1986, the appropriate authority approved the applicant’s request for discharge and directed issuance of a UOTHC discharge. Accordingly, on 28 March 1986, the applicant was discharged from the Army after completing 11 years, 7 months, and 5 days of creditable military service and accruing 42 days of lost time.
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, 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.
The applicant appealed to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 9 March 1991. On 9 December 1994, the ADRB denied the applicant’s request for an upgrade of his 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 Board noted that, after consulting with defense counsel, the applicant voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial. In doing so, the applicant admitted guilt to the offense of AWOL under the UCMJ. The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
3. The Board concluded that the applicant’s administrative discharge under the provisions of chapter 10, AR 635-200 in lieu of trial by court-martial was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.
4. The Board noted the applicant’s references to having had a stroke while in the military; however, there was no evidence in his official record to support this claim. It is, however, noted that the applicant’s medical records were not available for review.
5. 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
| CASE ID | AR2001061591 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020221 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 19860328 |
| DISCHARGE AUTHORITY | AR 635-200, c10 |
| DISCHARGE REASON | In lieu of trial by court-martial |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Director |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
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