| Mr. Carl W. S. Chun | Director | |
| Mr. Walter Avery, Jr. | Analyst |
| Mr. Raymond V. O'Connor | Chairperson | |
| Ms. Celia L. Adolphi | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his under conditions other than honorable discharge be upgraded.
APPLICANT STATES: That he wishes to have his discharge upgraded so that he may go to school to better himself.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 16 February 1977, for a period of three years, at age of 18, with 10 years of education, for training as a military policeman.
On 11 May 1977, the applicant departed absent without leave.
On 28 July 1977, a court-martial charge was preferred against the applicant for absent without leave from 11 May 1977 to 26 July 1977. After consulting with legal 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 the request that he understood that if his request was accepted he could be discharged under other than honorable conditions and furnished an Undesirable Discharge Certificate. He indicated that he also understood that as a result of the issuance of such a discharge, he may be deprived of many or all Army, Veterans Affairs, and Federal and State benefits. He acknowledged by his signature that he had consulted with counsel who had fully advised him in this matter. The applicant declined to submit a statement on his own behalf.
The appropriate authority approved his request for discharge on 18 August 1977, and directed that an Under Other Than honorable Conditions Discharge Certificate be issued.
Accordingly, he was discharged on 1 September 1977 under the provisions of Army Regulation 635-200, Chapter 10.
On 12 February 1980, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.
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 applicant’s voluntary request for separation under the provisions of AR 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 applicant provided no information concerning the circumstances that led to his discharge or information concerning post service achievements that would help in justifying a discharge upgrade. Additionally, the Board does not upgrade discharges merely to qualify an applicant for a benefit or program.
3. It appears that the applicant elected to take the option of requesting an administrative discharge rather than risking the possibility of a greater sentence at trial. There is no evidence to show that he was coerced by anyone into making this choice.
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
___jtm__ ___rvo __ ___cla__ _ DENY APPLICATION
| CASE ID | AR200162582 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020228 |
| 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. 110.02 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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