| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded to honorable.
APPLICANT STATES: That he served his country when it was in need and would have died for it. He goes on to state that he was a young man who was not in control of his emotions and that his wife was running around on him and his father was dying of cancer at the time. He further states that he is not a bad person and a discharge under other than honorable conditions is wrong.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted at the age of 20 on 20 October 1972, in Chicago, Illinois. He underwent his training at Fort Polk, Louisiana, and was transferred to Germany on 20 March 1973, for duty as a field artillery crewman. He was advanced to the pay grade of E-4 on 1 April 1974 and reenlisted with a waiver for 11 days of lost time on 31 July 1974, for a period of 3 years.
On 26 May 1975, nonjudicial punishment (NJP) was imposed against him for being absent without leave (AWOL) from 3 May to 19 May 1975. His punishment consisted of a reduction to the pay grade of E-3, a forfeiture of pay (suspended for 60 days), extra duty and restriction.
On 20 April 1976, NJP was again imposed against him for being disrespectful to a commissioned officer. His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, extra duty and restriction.
He departed Germany on 20 July 1976 and was transferred to Fort Ord, California. He went AWOL on 8 September 1976 and remained absent until he was apprehended by civil authorities in Sturgis, Michigan, on 6 January 1977. He was returned to military control at Fort Carson, Colorado, where charges were preferred against him.
On 18 January 1977, 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 lost interest in the Army and that it would be in the best interest of all concerned that he be released from the service. He also indicated that he did not believe that the chain of command could have done anything to prevent him from going AWOL. He indicated that he was 24 years of age and separated.
The appropriate authority (a brigadier general) approved his request for discharge on 31 January 1977 and directed that he be discharged under other than honorable conditions.
Accordingly, he was discharged under other than honorable conditions on 22 February 1977, under the provision of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He had served 3 years, 11 months and 20 days of total active service and had 136 days of lost time due to AWOL.
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 number and 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
___fe ___ ___ra ___ ____hbo_ DENY APPLICATION
| CASE ID | AR2002069737 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/06/11 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 1977/02/22 |
| DISCHARGE AUTHORITY | AR635-200, CH10 |
| DISCHARGE REASON | GD OF SVC |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 689 | 144.7000/A70.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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