| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. George D. Paxson | Chairperson | |
| Mr. Thomas A. Pagan | Member | |
| Mr. Melvin H. Meyer | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general or honorable discharge.
APPLICANT STATES: In effect, that he was suffering from depression and psychosis when he received an undesirable discharge. He further states that he was serving his second enlistment when he was told that he was being transferred to Germany for 4 years. He goes on to state that he refused to go to Germany and was given an undesirable discharge.
COUNSEL CONTENDS: In effect, that the applicant has suffered the consequences of an undesirable discharge for over 20 years and should have his discharge upgraded in order to give him a more positive future and outlook on life.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in Lubbock, Texas on 7 July 1972, for a period of 3 years and assignment to Fort Hood, Texas. He successfully completed his training and was transferred to Fort Hood for duty as a wheel vehicle mechanic.
On 28 January 1975, he was honorably discharged for the purpose of immediate reenlistment. He reenlisted on 29 January 1975, for a period of 3 years and assignment to Fort Sill, Oklahoma. He was transferred to Fort Sill on 14 April 1975, and was advanced to the pay grade of E-4 on 1 August 1975.
On 20 February 1976, nonjudicial punishment was imposed against him for stealing 10 wrenches. His punishment consisted of a reduction to the pay grade of E-3 and extra duty.
The applicant also received assignment instructions in February 1976 notifying him that he would be transferred to Germany in July 1976.
On 4 June 1976, he went absent without leave (AWOL) and remained absent until he was apprehended by civil authorities in Colorado on 26 September 1976, and was returned to military control at Fort Carson, Colorado, where charges were preferred against him.
On 4 October 1976, after consulting with counsel, the applicant submitted a request for discharge for the good of the service, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. In his request he indicated that he was making the request of his own free will, without coercion from anyone and that he was aware of the implications attached to his request. He also admitted that he was guilty of the charges against him, or of lesser included offenses which authorized the imposition of a bad conduct or dishonorable discharge. He further elected to submit a statement in his own behalf whereas he contended that he went AWOL because he did not want to go to Germany and because he had been trained as a mechanic but had been assigned to the tool room. He contended that he did not like being in a cage all the time and at that point did not think he would be of any good to the Army. He also stated that it was his intent to work as a mechanic and return to farm life because he missed them both.
The appropriate authority (a brigadier general) approved his request on 28 October 1976 and directed that he be furnished an Undesirable Discharge Certificate.
Accordingly, he was discharged under other than honorable conditions on 15 November 1976, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He had served 4 years and 17 days of total active service and had 114 days of lost time due to AWOL.
There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations. The applicant is currently incarcerated in Texas.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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 preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. 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 such a request as well as the discharge they might receive. 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. 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.
2. Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.
3. After being afforded the opportunity to assert his innocence before a trial by court-martial, he voluntarily requested a discharge for the good of the service in hopes of avoiding a punitive discharge and having a felony conviction on his records. In doing so he admitted guilt to the charges against him. While he may now believe that he made the wrong choice, he should not be allowed to change his mind at this late date, especially considering the length of his absence as well as his otherwise undistinguished record of service.
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
__gp ___ __tap___ __mm___ DENY APPLICATION
| CASE ID | AR2001064347 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/02/21 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1976/11/15 |
| DISCHARGE AUTHORITY | AR635-200/CH10 |
| DISCHARGE REASON | GD OF SVC |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 689 | 144.7000/A70.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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