| Mr. Carl W. S. Chun | Director | |
| Mrs. Judy Blanchard-Miller | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded to a general discharge.
APPLICANT STATES: In effect, that he would like his discharge upgraded to a general discharge because he was having family problems when he was in the military. He was attached to Fort Sheridan IL; to try to get a hardship discharge. He states that the evidence of him trying to get a hardship discharge should be in his files.
EVIDENCE OF RECORD: The applicant's military records show:
On 2 February 1976, the applicant enlisted in the Regular Army for 3 years. He completed the required training and was awarded military occupational specialty 36K10 (Tactical Wire Operator Specialist). The highest grade he achieved was pay grade E-4.
Between May 1976 and October 1977, the applicant accepted three nonjudicial punishments under Article 15, Uniform Code of Military Justice, for disobeying a lawful order and for two occasions of being absent without leave (AWOL) from
16 July to 15 August 1977 and from 13 September to 6 October 1977. His punishments included forfeitures, restrictions, extra duty and a reduction to pay grade E-2.
The applicant’s record indicates that between January and February 1978, the applicant was attached to Fort Sheridan, IL, pending application for a hardship discharge. However, the particulars are missing from his file. It appears that the applicant’s request for a hardship discharge was denied.
On 3 May 1978, court-martial charges were preferred against the applicant of being AWOL from 18 February to 26 April 1978.
On 4 May 1978, a physical examination found the applicant fit for retention.
On 5 May 1978, after consulting with legal counsel the applicant voluntarily without any coercion 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 acknowledged, that he understood the elements of the offense charged. The applicant waived further rehabilitation and was advised of the effects of a discharge under other than honorable conditions. He acknowledged that he understood, that he might be deprived of many or all Army and Veterans Administration benefits. He was afforded the opportunity to submit statements in his behalf, but decline to do so.
On 25 May 1978, the company commander, recommended approval of the applicant’s request for discharge under the provisions of Army Regulation 635-200, chapter 10. The commander’s decision was based on the applicant’s willful and persistent AWOLs.
On 31 May 1978, the appropriate authority approved the applicant’s request for discharge, reduced him to the lowest enlisted grade and directed the issuance of a Discharge Certificate Under Other Than Honorable Conditions. On 4 August 1978, 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 a discharge UOTHC. He completed 2 years, 1 month and 17 days of creditable active military service.
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 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, duress or that his rights were violated in any way.
3. The applicant alleges, that he went AWOL because he was having family problems and that he requested a hardship discharge because of those problems. The Board has noted the contentions of the applicant. While the Board is empathetic, the applicant's family problems are not sufficiently mitigating to warrant an upgrade of his discharge.
4. Therefore, in view of the foregoing, there is no basis for granting the applicant’s requests.
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
__jhl___ __rjw___ __rtd___ DENY APPLICATION
| CASE ID | AR2001065660 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020226 |
| TYPE OF DISCHARGE | (UOTHC) |
| DATE OF DISCHARGE | 19780804 |
| DISCHARGE AUTHORITY | AR635-200,chp10 . . . . . |
| DISCHARGE REASON | A70.00 |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.7000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2012 | 20120009216
The applicant's DD Form 214 (Report of Separation from Active Duty) shows he was discharged on 11 May 1978 in accordance with Army Regulation 635-200 (Enlisted Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial with a UOTHC Discharge Certificate. Army Regulation 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel. Although an honorable or general discharge is authorized, at the...
ARMY | BCMR | CY2011 | 20110003236
Application for correction of military records (with supporting documents provided, if any). The applicant requests an upgrade of his discharge under other than honorable conditions (UOTHC) to a general discharge. The evidence of records also shows he was charged with one specification of AWOL from 16 August through 13 November 1978.
ARMY | BCMR | CY2014 | 20140006832
The applicant's DD Form 214 (Report of Separation from Active Duty) shows he was discharged on 26 March 1979 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, with an under other than honorable conditions characterization of service. In fact, the evidence of record shows the statement the applicant made at the time of his separation processing was available to the...
ARMY | BCMR | CY2006 | 20060001225C070205
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He states that his recruiter lied to him about being able to have the government relocate his family with him at his first duty station. A punitive discharge is authorized for offenses under Article 86, for periods of AWOL in excess of 30 days.
ARMY | BCMR | CY2005 | 20050017535C070206
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Although all of the discharge documentation is not of record, the evidence of record shows that the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. There is no indication the applicant applied to the Army Discharge Review Board within its 15 year filing statute of limitations.
ARMY | BCMR | CY2007 | 20070004047C071029
The applicant requests, in effect, that his discharge be upgraded to honorable. He is describes as often speaking of his training and the time he served in the Army with pride and honor – even though he was discharged under less than honorable circumstances. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by upgrading the applicant's under other than honorable conditions discharge to a general, under honorable...
ARMY | BCMR | CY2001 | 2001064005C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is no evidence in available records that the applicant ever submitted an application for a hardship discharge. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by
ARMY | BCMR | CY2007 | 20070018857
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 9 July 1974, the applicant was honorably discharged. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY1997 | 9710005
APPLICANT REQUESTS: Correction of errors on his DD Form 214, i. e., his rank, the authority and reason for his discharge, the related occupation code, his secondary military occupational specialty (MOS), the time lost, his medals and decorations and his last name. EVIDENCE OF RECORD : The applicant’s military records show: On 4 August 1978, at Fort Sheridan, IL he was discharged with a characterization of service of “under honorable conditions” (a general discharge), in pay grade E-2,...
ARMY | BCMR | CY1997 | 9710005C070209
EVIDENCE OF RECORD: The applicants military records show: He enlisted in the Regular Army on 29 December 1976. On 15 June 1978, the commander initiated separation action on the applicant under the provisions of Army Regulation 635-200, Chapter 5-31, expeditious discharge. On 4 August 1978, at Fort Sheridan, IL he was discharged with a characterization of service of under honorable conditions (a general discharge), in pay grade E-2, under the provisions of Army Regulation 635-200,...