| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Hubert O. Fry, Jr. | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
2. The applicant requests that the undesirable discharge (UD) of her deceased husband, hereinafter known as the former servicemember (FSM), be upgraded to one under honorable conditions.
3. The applicant states that the FSM's sergeant persecuted the FSM, calling him "an Arkansas Hillbilly." The FSM attempted to remedy the situation through his chain of command and his chaplain, but was unsuccessful. He then requested transfer to Vietnam, but it was denied. In desperation, he went AWOL (absent without leave). Following the FSM's discharge, the applicant states that he was a model citizen, husband, and father. He was a Christian man who always did his best to help the less fortunate in the community. The applicant adds that the FSM was never in trouble with the law.
4. In support of her application, the applicant provides: copies of five letters from members of the community attesting to the FSM's helpfulness; a copy of a Hot Springs (Arkansas) Police Department records check showing that the FSM had no police record; a copy of a Garland County (Arkansas) Police Department records check showing that the FSM had no police record; a copy of a hospital discharge summary showing that the FSM suffered from chronic obstructive pulmonary disease (COPD), but was "a very friendly gentleman" even while suffering from endstage COPD; a copy of the FSM's DD Form 214 (Report of Transfer or Discharge); a copy of her marriage license to the FSM; a copy of the FSM's death certificate; and a two-page self-authored letter.
5. The FSM’s military records show that he was born in Camden, Arkansas, on 14 January 1953 and enlisted in the Regular Army for 3 years on 16 April 1971. Upon completion of all required military training, he was assigned to a unit at Fort Carson, Colorado, with duty in military occupational specialty (MOS) 36K, Wireman.
6. Documents in the FSM's military records show that he complained about not being able to take leave for the birth of his first child and about not being able to volunteer for overseas levy. Documents also show that he received three nonjudicial punishments (NJP) under Article 15, Uniform Code of Military Justice. The first was on 3 March 1972 for being AWOL from 2-27 February 1972 and on 1 March 1972. As punishment, he was reduced from grade E-3 to grade E-2. The second was on 18 March 1972 for being late for Battalion Guard Duty. As punishment, he received a suspended reduction to grade E-1. The final NJP was on 28 June 1972 for being late for duty on 12 and 13 June 1972. As punishment, he received 14 days' extra duty.
7. The FSM was AWOL from 11 July 1972 to 1 August 1972 and from 16 August 1972 to 26 September 1972. Upon his return to military control at Fort Carson, court-martial charges were preferred against him. After consulting with legal counsel, he requested separation for the good of the service in lieu of trial by court-martial under the provisions of chapter 10, AR 635-200. His request was approved and he was separated with a UD on 5 December 1972. He had 1 year, 5 months, and 6 days of creditable active service and 86 days of lost time due to AWOL.
8. Following his separation, the FSM ultimately returned to Arkansas where he resided until his death on 26 March 2000 from the effects of COPD.
9. The FSM petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade. The ADRB, after considering his case on 11 November 1983, denied his request.
10. 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, at the time of the FSM's separation, a UD was normally considered appropriate.
CONCLUSIONS:
1. The FSM served approximately 18 months of creditable service. He received NJP for being late for guard mount and late for work on two occasions. He was AWOL on three occasions and received NJP for one of these AWOLs. Court-martial charges were preferred for the second and third AWOLs (totaling 64 days).
2. The FSM was, by all accounts, a charitable, giving man who lived a law-abiding life in his home state of Arkansas. He was a loving husband and father, and was active in his church. The applicant submitted several letters from friends and acquaintances attesting to the FSM's helpfulness.
3. The FSM's discharge proceedings were conducted in accordance with law and regulations applicable at the time. His administrative separation was accomplished with no indication of procedural errors that would tend to have jeopardized his rights.
4. In view of the minor nature of the indisciplines committed by the FSM, and considering the nearly 30 years of law-abiding, post-service conduct, the Board, as an act of clemency, concludes that the FSM's UD should be upgraded to a general discharge under honorable conditions.
5. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by voiding the undesirable discharge of 5 December 1972 now held by the individual concerned, and by issuing to him a general discharge under honorable conditions.
BOARD VOTE:
_INW____ ___HOF_ __DPH _ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
_Irene N. Wheelwright__
CHAIRPERSON
| CASE ID | AR2001062597 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020115 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19721205 |
| DISCHARGE AUTHORITY | AR 635-200 C10 |
| DISCHARGE REASON | A71.00 |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | DASA |
| ISSUES 1. | 110.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2006 | 20060007407C070205
The applicant requests that the undesirable discharge of her deceased husband, a former service member (FSM), be upgraded to honorable. She also states that the FSM’s brother was just a cook and got his discharge changed and he did not see what the FSM saw in Vietnam. Chapter 10 of the 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 charges have been...
ARMY | BCMR | CY2013 | 20130006967
In his request for discharge, he indicated he understood that if his request for discharge was accepted, he may be discharged under other than honorable conditions and be furnished an Undesirable Discharge Certificate. Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses, for which the authorized punishment included a punitive discharge, could submit a request for discharge for the good of the service at any time after court-martial...
ARMY | BCMR | CY2001 | 2001063085C070421
On 12 February 1969, he accepted NJP for being AWOL from 5 to 8 January 1969. While the FSM’s discharge proceedings are not contained in his records, it must be presumed that he requested discharge in lieu of trial by court-martial for his two plus years absence. The Board has carefully considered the FSM’s creditable service and the fact that he served in Vietnam.
ARMY | BCMR | CY2006 | 20060009843
The Board considered the following evidence: Exhibit A - Application for correction of military records. The DD Form 214 issued to the FSM on 4 April 1973, the date of his discharge, confirms he was separated UOTHC under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial. Records show the alleged error or injustice now under consideration on should have been discovered on 4 April 1973, the date of the FSM's discharge, and...
ARMY | BCMR | CY2011 | 20110023467
The applicant requests, in effect, the records of her late husband, a former service member (FSM), be corrected by upgrading his undesirable discharge (UD) to an honorable discharge. There is no evidence in the FSM's records that shows he petitioned the Army Discharge Review Board for a review of his discharge within that board's 15-year statute of limitations. There is no evidence of record and the applicant has not provided any evidence to show the FSM was not properly and equably...
ARMY | BCMR | CY2002 | 2002071810C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his undesirable discharge be upgraded to a more favorable discharge. The commanding general approved his request on 3 August 1973 and directed that he be furnished an Undesirable Discharge Certificate.
ARMY | BCMR | CY2013 | 20130014203
The applicant requests the under conditions other than honorable characterization of service of her late husband, a former service member (FSM), be upgraded. The FSM's record is void of the facts and circumstances surrounding his discharge; however, his record contains a DD Form 214 which shows he was discharged in pay grade E-1 on 14 October 1980, under the provisions of Army Regulation 635-200 (Personnel Separations, Enlisted Separations), chapter 10. The regulation stated in: a.
ARMY | BCMR | CY2014 | 20140003291
The applicant requests the undesirable discharge (UD) of her late husband, a former service member (FSM), be upgraded to honorable. The discharge authority waived further rehabilitation efforts and approved the discharge recommendation. As in effect at the time of the applicant's service it provided that: a.
ARMY | BCMR | CY2007 | 20070014452
The applicant, the widow of a deceased former service member (FSM), requests that his undesirable discharge be upgraded to an honorable or general discharge. Also in his request, the FSM understood that if his request for discharge was accepted, he would normally be discharged under other than honorable conditions and furnished an Undesirable Discharge Certificate. The Army Board for Correction of Military Records may elect to change the punishment and/or the characterization of service if...
ARMY | BCMR | CY2012 | 20120016934
On 7 March 1978, the FSM was notified that the Army Discharge Review Board (ADRB) considered his request under the DOD SDRP and directed that his undesirable discharge be upgraded to a general discharge under honorable conditions. As such, the Board denied the applicant's request for an upgrade of the FSM's undesirable discharge to an honorable discharge. In the absence of compelling reasons to the contrary, this program, known as the DOD SDRP, required that a discharge upgrade to either...