| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Ronald E. Blakely | Member | |
| Ms. Barbara J. Ellis | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge be changed to a general or honorable discharge.
APPLICANT STATES: In effect, that his undesirable discharge should be changed to a general or honorable discharge. In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge).
EVIDENCE OF RECORD: The applicant's military records show he enlisted
on 30 November 1970.
Charges were preferred against the applicant on 7 November 1972, for being AWOL from 6 January to 21 February 1971 (47 days), 3 March to 14 September 1971 (196 days), and from 23 September 1971 to 26 October 1972 (400 days).
The applicant underwent a separation medical examination on 7 November 1972, and was found qualified for separation.
On 8 November 1972, he consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial, under the provisions of Army Regulation 635-200, chapter 10. In doing so, he acknowledged that he might encounter substantial prejudice in civilian life and might be ineligible for many or all benefits administered by the Veterans Administration (VA) if a discharge under other than honorable conditions were issued. He elected to submit a statement in his own behalf in which he stated that he enlisted to assist his parents financially. He later realized that he was unable to adjust to military life and his parents needed him more at home. He went AWOL to assist his parents and did not return.
On 15 November 1972, the separation authority approved the applicant’s request for discharge and directed that he be furnished an Undesirable Discharge Certificate. The applicant was discharged on 22 November 1972. He had a total of 2 months, and 21 days of creditable service and had 643 days of lost time due to AWOL.
There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
Army Regulation 635-200 sets forth the basic authority for 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. However, at the time of the applicant’s separation the regulation provided for the issuance of an undesirable
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. 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. The type of separation directed and the reasons for that separation were appropriate considering all of the facts of the case.
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
__fe___ ___rb__ ___be___ DENY APPLICATION
| CASE ID | AR2001065300 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020418 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19721122 |
| DISCHARGE AUTHORITY | AR 635-200 C, 10 |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 189 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2010 | 20100019817
Evidence shows he was discharged with an undesirable discharge on 10 July 1972. Evidence shows he was awarded a clemency discharge in 1975 pursuant to PP 4313 of 16 September 1974. His record of service included three NJP actions (one received prior to his arrival in Vietnam) and 216 days of time lost due to being AWOL.
ARMY | BCMR | CY2014 | 20140001690
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. A letter, Subject: Order to Active Duty, Right to Appeal, dated 20 April 1971, advised the applicant that he had been submitted for involuntary active duty as an unsatisfactory participant. On 18 October 1973, the separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10, and directed the issuance of an Undesirable Discharge Certificate.
ARMY | BCMR | CY2013 | 20130005565
BOARD DATE: 7 November 2013 DOCKET NUMBER: AR20130005565 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests an upgrade of his undesirable discharge to an honorable discharge. Although an honorable or general discharge was authorized, at the time an Undesirable Discharge Certificate was normally furnished to an individual who was discharged for the good of the service.
ARMY | BCMR | CY2014 | 20140019957
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his undesirable discharge be upgraded to a fully honorable discharge. On 22 February 1972, after consulting with defense counsel, the applicant submitted a request for 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.
ARMY | BCMR | CY2012 | 20120004795
The applicant requests that his undesirable discharge be upgraded to a general discharge. On 18 October 1973, after consulting with defense counsel, the applicant submitted a request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations General Provisions for Discharge and Release), chapter 10. There is no evidence in the available records to show that he applied to the Army Discharge Review...
ARMY | BCMR | CY2013 | 20130005983
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 24 January 1972, after consulting with legal counsel, he voluntarily requested a discharge for the good of the service in lieu of trial by court-martial under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations Enlisted Personnel). Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge,...
ARMY | BCMR | CY2005 | 20050002103C070206
On 26 February 1973, the separation authority approved the applicant’s request for discharge and directed that he be issued an undesirable discharge. Accordingly, the applicant was discharged with an undesirable discharge on 22 March 1973 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service. The applicant’s record of service included five nonjudicial punishments and 171 days of lost time.
ARMY | BCMR | CY2013 | 20130020939
The applicant requests upgrade of his undesirable discharge to honorable. The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service - in lieu of court-martial with an under other than honorable conditions characterization of service and issued an Undesirable Discharge Certificate. The ADRB reviewed his discharge as required by law and granted him an upgrade of his discharge to a general discharge.
ARMY | BCMR | CY2004 | 2004100415C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. On 24 March 1973, the separation authority approved the applicant’s request for discharge and directed that he be issued an undesirable discharge. The applicant’s record of service included a bar to reenlistment, five nonjudicial punishments, two special court-martial convictions and 239 days of lost time.
ARMY | BCMR | CY2008 | 20080007709
The applicant requests that his undesirable discharge be upgraded to a fully honorable discharge. On 29 August 1983, he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge. He contended at that time that he should have received an honorable discharge because he served 48 months without incident and because he had lost a son while in Vietnam.