| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. June Hajjar | Chairperson | |
| Ms. Karol A. Kennedy | Member | |
| Mr. Roger W. Able | Member |
APPLICANT REQUESTS: That his discharge be upgraded to honorable.
APPLICANT STATES: The applicant makes no further statement and provides no supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted into the Army on 1 June 1971. He completed basic combat training.
The applicant departed absent without leave (AWOL) on 7 September 1971 and returned to military control on 11 April 1972.
On 18 April 1972, the applicant completed a separation physical examination and was found qualified for separation.
On 24 April 1972, court-martial charges were preferred against the applicant charging him with AWOL from 7 September 1971 to on or about 11 April 1972.
On 27 April 1972, 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. The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits. He submitted a statement in his own behalf. He stated that he could not adjust to the military and he would be a disgrace to the military. He had family problems and he wanted out of the Army so he could financially support his mother.
On 2 May 1972, the appropriate authority approved the applicant’s request and directed he receive an Undesirable Discharge Certificate.
On 10 May 1972, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with an undesirable, under other than honorable conditions discharge. He had completed 4 months and 6 days of creditable active service and had 217 days of lost time.
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. The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. A discharge under other than honorable conditions is normally considered appropriate.
On 24 April 1979, the Army Discharge Review Board denied the applicant’s request for an upgraded discharge.
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. 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
__jh____ __kak___ __rwa___ DENY APPLICATION
| CASE ID | AR2001065228 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020205 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19720510 |
| 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. |
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