| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Mr. Arthur A. Omartian . | Chairperson | |
| Mr. Hubert O. Fry, Jr. | Member | |
| Mr. Thomas E. O'Shaugnessy, Jr. | Member |
APPLICANT REQUESTS: That the characterization of his service be upgraded to general, under honorable conditions.
APPLICANT STATES: That when he joined the Army he wanted to be a truck driver. He had already passed the test and his physical examination when he found out he was color-blind. He was told to pick another MOS (Military Occupational Specialty). He picked Heating and Ventilation Specialist (MOS 51J). Once he arrived at his first duty station, he found out that he hated doing heating and ventilation. At the same time, his girlfriend told him she was going to have a baby and wanted him out of the Army. He was only 19 at the time and thought he could just walk away like any other job that you quit. After he turned himself in, he was offered the opportunity to stay or leave the Army. He chose to leave.
EVIDENCE OF RECORD: The applicant's available military records show:
On 14 January 1976, at the age of 19, he enlisted in the Army for the Special Unit Option (1st Infantry Division, Fort Riley, Kansas) and MOS 51J. He was advanced to pay grade E-2, effective 21 May 1976.
On 12 July 1976, he was issued Nonjudicial Punishment under Article 15, Uniform Code of Military Justice for being absent without leave (AWOL) for the periods 19 through 27 May and 2 through 7 June 1976. His punishment included a reduction to pay grade E-1 (suspended for 30 days), a forfeiture of $100 ($25 suspended for 30 days) and extra duty for 7 days.
On 4 August 1976, he was reported as being AWOL and on 3 September 1976, he was dropped from the rolls as a deserter.
On 26 September 1976, he was returned to Army control.
On 14 October 1976, a physical examination and a mental status evaluation cleared him for separation under chapter 10, Army Regulation 635-200, for the good of the service to avoid being tried by court-martial.
On 15 November 1976, he was placed on excess leave pending discharge.
Although the administrative separation documentation is not in the available records, evidence shows that court-martial charges were preferred by his commander, that he elected to request discharge under the provisions of chapter 10, Army Regulation 635-200, for the good of the service and to avoid trial by court-martial, and that the appropriate separation authority approved and directed the discharge.
On 30 November 1976, at he age of 20, the applicant was discharged under other than honorable conditions and issued an Undesirable Discharge Certificate. His DD Form 214 (Report of Separation from Active Duty) indicates he had 8 months and 18 days of creditable service and 60 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. 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 characterization of the applicant’s discharge is appropriate considering all the facts of the case. There is no apparent error, injustice, inequity, or change in policy or standards on which to base recharacterization of his discharge from undesirable to general, under honorable conditions.
2. The applicant’s claim of youth is not sufficiently mitigating in support of his request; he was over 20 years of age at the time of his discharge.
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
__aao___ _hof___ _teo____ DENY APPLICATION
| CASE ID | AR2002067460 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020430 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003090479C070212
He states he needs his discharge upgraded so he can "get some of the medical help that [he] should have gotten then." In July 1962 the applicant was again seen by medical personnel for back pain. Therefore, the Board does not excuse the applicant's failure to timely file within the time prescribed by law and this application is denied for that reason.
ARMY | BCMR | CY2002 | 2002072626C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He requested that he be given a general discharge. The ADRB reviewed his medical records and noted that the applicant had been seen for a history of knee problems, both on the day of his injury and for a period of 9 months.
ARMY | BCMR | CY2002 | 2002073329C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general discharge. EVIDENCE OF RECORD : The applicant's military records are temporary records prepared at the time of his separation.
ARMY | BCMR | CY2001 | 2001065577C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. After having had prior honorable active service and reserve service the applicant enlisted in the Regular Army on 13 June 1975, for 4 years.
ARMY | BCMR | CY2001 | 2001063263C070421
The Board considered the following evidence: 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: The Board must conclude that the applicant's commander, using the information available to him at that time, properly considered and accepted the applicant's request for discharge.
ARMY | BCMR | CY2003 | 2003088713C070403
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. He requested a hardship discharge and the request was denied so he went absent without leave (AWOL). The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.
ARMY | BCMR | CY2004 | 20040008448C070208
The applicant requests, in effect, that his undesirable discharge be upgraded to honorable and that the reason for his discharge be changed. On 2 February 1976, the appropriate authority approved the applicant's request for discharge for the good of the service, directed that the applicant be reduced to private/pay grade E-1, and that he be furnished an Undesirable Discharge Certificate. The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by...
ARMY | BCMR | CY2002 | 2002071854C070403
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: He stated that he was proud of his Vietnam service but was ashamed of the conduct which led to his court-martial and to his present situation.
ARMY | BCMR | CY2003 | 2003084220C070212
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general discharge. His request was denied and he was told that he had to go back to Fort Hood.
ARMY | BCMR | CY2002 | 2002082744C070215
EVIDENCE OF RECORD : The applicant's military records show: On 18 July 1975, the general court-martial convening authority (a major general) approved the applicant's request for discharge under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial and directed issuance of an undesirable discharge. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of...