| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | ||
| Mr. Roger W. Able | Member | ||
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions (UOTHC) be upgraded to general under honorable conditions.
APPLICANT STATES: In effect, that his discharge was unjust. He provides a record of arrest from the Alexandria, LA Police Department and the Rapides Parish, LA Sheriff’s Office as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 7 May 1979. He completed basic training and advanced individual training and was awarded military occupational specialty 19D (Cavalry Scout).
On 14 October 1981, court-martial charges were preferred against the applicant charging him with attempted murder by stabbing an individual in the chest, just below the heart.
On 18 February 1982, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial. He was advised of the effects of a discharge UOTHC and that he might be deprived of many or all Army and Veterans Administration benefits. He elected not to submit a statement in his own behalf.
On 3 March 1982, a mental status evaluation found the applicant to be mentally responsible, to be able to distinguish right from wrong and to adhere to the right, and to have the mental capacity to understand and participate in board proceedings.
On 3 March 1982, the appropriate authority approved the request and directed the applicant receive a discharge UOTHC.
On 8 March 1982, the applicant completed a separation physical and was found qualified for separation.
On 18 March 1982, the applicant was discharged with a discharge UOTHC, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial. He had completed 2 years, 10 months, and 12 days of creditable active service and had no lost time.
The provided arrest reports shows the applicant had been arrested on 6 June 1996 for issuing worthless checks and on 16 September 1997 for “resisting by flight, wrong way on one way, and no light on bicycle.”
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. A discharge UOTHC 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 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. Considering the seriousness of the offense for which he was charged, the characterization of his discharge as UOTHC was and still is appropriate.
3. 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__ __RWA__ __HBO___ DENY APPLICATION
| CASE ID | AR2001063988 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/06/11 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 1982/03/18 |
| DISCHARGE AUTHORITY | AR 635-200, ch 10 |
| DISCHARGE REASON | A70.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001052937C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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: Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2001052937SUFFIXRECONDATE BOARDED20010830TYPE OF DISCHARGE(UOTHC)DATE OF DISCHARGEDISCHARGE...
ARMY | BCMR | CY2001 | 2001058680C070421
A DA Form 4466 dated 23 June 1983 indicates that the applicant was changed from Track I to Track II after he came up positive for THC on a urinalysis. The remarks section of the Report of Mental Status Evaluation, DA Form 3822-R, indicates that he was being “discharged for criminal activity.” The panel’s report, entitled “Review of Urinalysis Drug Testing Program,” dated 12 December 1983, concluded that the testing procedures used by all laboratories were adequate to identify drug abuse...
ARMY | BCMR | CY2004 | 2004101410C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 October 2004 DOCKET NUMBER: AR2004101410 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. On 11 October 1982, the applicant's unit commander recommended approval of the applicant's request with a UOTHC discharge. The DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was...
ARMY | BCMR | CY2014 | 20140004969
He states: * a UOTHC discharge seems too severe at the time it was issued based on his military service records * his first years in the military were good and his record of promotions shows he was generally a good service member * his average conduct and efficiency ratings/marks were pretty good * he did not have any problems until he was assigned to Fort Polk * his record of nonjudicial punishments (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) indicate minor offenses 3. ...
ARMY | BCMR | CY2002 | 2002068916C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: A condition of submitting such a request is that the individual concerned must admit guilt to the charges against them or of a lesser included offense which authorizes the imposition of a bad conduct or dishonorable discharge and they must indicate that they have been briefed and understand the consequences of...
ARMY | BCMR | CY2002 | 2002076254C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: APPLICANT STATES : That he completed his 3-year enlistment.
ARMY | BCMR | CY2001 | 2001056343C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2001056343SUFFIXRECONDATE BOARDED20010830TYPE OF DISCHARGE(UOTHC)DATE OF DISCHARGE19820311DISCHARGE AUTHORITYAR635-200, CHAPTER 10 DISCHARGE REASONA70.00BOARD DECISION(DENY)REVIEW AUTHORITYISSUES 1.144.70002.3.4.5.6.
ARMY | BCMR | CY2008 | 20080014062
The applicant requests that his discharge under other than honorable conditions (UOTHC) be upgraded. The applicant states that he was injured when terrorists bombed the La Belle Discotheque in Berlin. The applicant provides insufficient evidence to show that his discharge or the characterization of his discharge was improper or inequitable.
ARMY | BCMR | CY2014 | 20140009899
The applicant requests reconsideration of his earlier request for an upgrade of his under other than honorable conditions (UOTHC) discharge to an under honorable conditions (general) discharge. Following consultation with legal counsel, he voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial. However, at the time of his discharge, there is no...
ARMY | BCMR | CY2006 | 20060011468
X The Board considered the following evidence: Exhibit A - Application for correction of military records. On 9 September 1982, the separation authority approved the applicants request for discharge and directed that he receive an UOTHC discharge. There is no evidence showing that the applicant applied to the Army Discharge Review Board for an upgrade to his discharge within its 15-year statute of limitations.