| Mr. Carl W. S. Chun | Director | |
| Ms. Rosa M. Chandler | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: That his under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge under honorable conditions.
APPLICANT STATES: That while he was on active duty, he experienced some hardships and he never received any help from his chain of command. He also states that he would like the Board to take into consideration two character reference letters, the DD Form 794A (Discharge Certificate, Under Other Than Honorable Conditions) and the copy of his DD Form 214 (Report of Separation from Active Duty) that he previously submitted to the Army Discharge Review Board (ADRB) with his DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States).
EVIDENCE OF RECORD: The applicant's military records show:
That on 10 August 1976, he enlisted in the Regular Army for 3 years. He completed the required training and he was awarded military occupational specialty (MOS) 64C (Motor Transport Operator).
On 19 November 1976, the applicant was assigned to Germany. He left his unit in an absent without leave (AWOL) status from 14 January-23 July 1978 until civilian authorities in Huntington, West Virginia apprehended him. He was returned to military control at the United States Army Personnel Control Facility, Fort Knox, Kentucky, on the same date.
On 7 August 1978, court-martial charges were preferred against the applicant for this AWOL offense. On 8 August 1978, the applicant consulted with legal counsel and requested discharge for the good of the service in lieu of trial by court-martial under the provisions of chapter 10, Army Regulation 635-200. He was advised that he could receive a UOTHC discharge. He authenticated a statement with his signature acknowledging that he understood the ramifications and effects of receiving a UOTHC discharge. The applicant indicated in a statement that he submitted in his own behalf that, "he joined the Army because he was unemployed and could not find a job; that he went AWOL because he could not cope with military life; that he was on drugs, felt like he was turning into a junkie and he did not want to do that."
On 25 March 1978, the applicant’s unit commander recommended approval of the applicant’s request for discharge with a UOTHC discharge. He stated that the applicant's conduct had rendered him triable by court-martial under circumstances which could lead to a bad conduct discharge. He also stated that, based on the applicant's previous record, punishment would have a minimal rehabilitative effect and that he believed a discharge would be in the best interest of all concerned. On the same date, the applicant's intermediate commander also recommended approval with a UOTHC discharge. On 31 August 1978, the separation authority directed that the applicant be reduced to pay grade E-1 and separated with a UOTHC discharge.
On 29 September 1978, the applicant was separated in absentia with a UOTHC discharge for the good of the service in lieu of trial by court-martial under the provisions of chapter 10, Army Regulation 635-200. He had completed 1 year,
7 months, and 11 days of active military service and he had 190 days of lost time due to being AWOL.
On 8 July 1985, the ADRB denied the applicant’s request for an upgrade of his discharge. The documents that the applicant contends that he submitted with his DD Form 293 are not a matter of record.
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 was authorized, a UOTHC discharge was 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 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 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. There is no indication that the request was made under coercion or duress.
3. The Board took into consideration the applicant's entire record of service and was convinced that both the reason for discharge and the characterization of service were appropriate considering the facts surrounding his discharge.
4. There is no evidence that the applicant had personal problems or sought assistance through his chain of command.
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
_FNE ___ ___LE___ __TL____ DENY APPLICATION
| CASE ID | AR2001063395 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020328 |
| TYPE OF DISCHARGE | (UOTHC) |
| DATE OF DISCHARGE | 19780929 |
| DISCHARGE AUTHORITY | AR635-200 |
| DISCHARGE REASON | A71.00 |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.7100 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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