| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Ms. Gail J. Wire | Member |
APPLICANT REQUESTS: In two separate applications, that his discharge under other than honorable conditions be upgraded to a general discharge.
APPLICANT STATES: That he was furnished a discharge under other than honorable conditions because he had a desire to remain stateside. He states that his father died in March 1979 and that he asked for an extension in order to help his mother. He also states that his wife had also filed for a divorce and that he was in therapy while he was at Fort Sheridan.
EVIDENCE OF RECORD: The applicant's military records show:
On 23 February 1976, he enlisted in the Army in Chicago, Illinois, for 4 years in the pay grade of E-3.
Nonjudicial punishment (NJP) was imposed against the applicant on 8 June 1976, prior to his completing his Advanced Individual Training, for being absent without leave (AWOL) from 1 June until 7 June 1976. His punishment consisted of a forfeiture of pay and extra duty.
He went on to successfully complete his training as a medical specialist and on 29 August 1976, the applicant was promoted to the pay grade of E-4.
On 25 July 1978, NJP was imposed against him for being AWOL from 19 May through 26 May 1978. His punishment consisted of a reduction to the pay grade of E-3 and a forfeiture of pay.
The applicant went AWOL again on 22 August 1978, and he remained AWOL until he surrendered to military authorities at Fort Knox, Kentucky, on 9 October 1978.
The facts and circumstances pertaining to the applicant's discharge are not on file. The Report of Separation from Active Duty, DD Form 214, indicates that the applicant was discharged under other than honorable conditions on 8 January 1979, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of trial by court-martial. He had completed 2 years, 8 months and 7 days of total active service and he had approximately 69 days of lost time due to AWOL.
On 31 July 1981, 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. In the absence of evidence to the contrary, it must be presumed that the applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.
2. The type of discharge directed and the reasons therefore appear to have been appropriate considering all the facts of the case.
3. The applicant’s contentions have been noted by the Board. However, they are not supported by either evidence submitted with his applications or the evidence of record. The record clearly shows that he had NJP imposed against him twice for being AWOL and he went AWOL a third time. He submitted a request for discharge after being AWOL from August until October 1978 and the records fail to show that he ever stated that his father’s death was the reason for any of his absences. Considering his numerous acts of misconduct, it appears that his service was appropriately characterized.
4. 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.
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
___inw __ __gjw___ ___rjw __ DENY APPLICATION
| CASE ID | AR2001062839 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/03/12 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 1978/01/08 |
| DISCHARGE AUTHORITY | AR 635-200 |
| DISCHARGE REASON | 689 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 708 | 144.7100 |
| 2. 713 | 144.7110 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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