| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Celia L. Adolphi | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. Donald P. Hupman | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded.
APPLICANT STATES: The applicant has offered no argument, explanation or evidence to support his request for an upgrade of his discharge
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in Indianapolis, Indiana, on 14 March 1978 for a period of 3 years, training as a combat engineer and assignment to Fort Campbell, Kentucky. He completed his training at Fort Leonard Wood, Missouri, and was transferred to Fort Campbell on 15 June 1978 with a report date of 29 June 1978.
However, the applicant did not report to Fort Campbell as ordered and was reported as being absent without leave (AWOL) on 29 June 1978. On 9 April 1979, he was apprehended by civil authorities in Anderson, Indiana, for the charge of assisting a criminal. He pled guilty to the charges against him and was sentenced to 11 days in jail. He completed his sentence on 19 April 1979 and was returned to military control at Fort Knox, Kentucky, where charges were preferred against him for the AWOL offense.
On 4 May 1979, 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 had determined after completing his training that Army life was not for him and that it was more important for him to be with his wife and child.
The appropriate authority (a major general) approved his request on 10 May 1979 and directed that he be discharged under other than honorable conditions.
Accordingly, he was discharged under other than honorable conditions on 29 May 1979, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He had served 4 months and 25 days of total active service and had 294 days of lost time due to AWOL and confinement by civil authorities.
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.
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 absences as well as his otherwise undistinguished record of service during such a short period of time.
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
___dh___ ___cla___ __be____ DENY APPLICATION
| CASE ID | AR2002069021 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | YYYYMMDD |
| TYPE OF DISCHARGE | (UOTHC) |
| DATE OF DISCHARGE | 1979/05/29 |
| DISCHARGE AUTHORITY | AR635-200/CH10 . . . . . |
| DISCHARGE REASON | GD OF SVC |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1.144.7000 | 689/A70.00 |
| 2. | |
| 3. | |
| 4. | |
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