| Mr. Carl W. S. Chun | Director | |
| Mr. Vic Whitney | Analyst |
| Ms. Joann Langston | Chairperson | |
| Mr. Richard T. Dunbar | Member | |
| Mr. Raymond J. Wagner | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded.
APPLICANT STATES: In effect, that he can not get medical treatment as a veteran without an upgrade of his discharge.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted as a minor with his mother’s consent and entered active duty on 17 November 1972. His mental category test is shown as group IV with a score of 29. He completed training as a clerk typist and was assigned to Fort Lewis, Washington.
The applicant was AWOL from 28 June to 1 July 1973, and from 9 to 13 July 1973. He was punished under Article 15, Uniform Code of Military Justice (UCMJ), for the AWOL offenses. He was punished under Article15, UCMJ, on 30 July 1973 for absence from his place of duty. He was punished under Article15, UCMJ, on 13 August 1973 for appearing in an improper uniform. He was punished under Article15, UCMJ, on 7 February 1974 for possession of marijuana.
The facts and circumstances leading to his discharge are no longer in the available record. On 17 October 1974, orders were issued assigning the applicant to the transfer point for separation. The authority cited was Army Regulation 635-200, chapter 10. On 24 October 1974, orders were issued that discharged the applicant under other than honorable conditions.
Effective 25 October 1974, the applicant was discharged under the authority of Army Regulation 635-200, chapter 10, conduct triable by court-martial. He had 1 year, 11 months, and 2 days creditable service and 7 days lost time.
There is no evidence of record that he applied to the Army Discharge Review Board for an upgrade of his discharge within the 15-year time limit.
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.
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 is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with his overall record.
2. While the Board is empathetic, the applicant's personal problems are not sufficiently mitigating to warrant an upgrade of his discharge.
3. 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.
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
__jl___ __rd____ __rw____ DENY APPLICATION
| CASE ID | AR2001063968 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020226 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 19741025 |
| DISCHARGE AUTHORITY | AR 635-200, CH 10. |
| DISCHARGE REASON | A70.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.02 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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