| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Mr. Hubert O. Fry | Member | |
| Ms. Gail J. Wire | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded to an honorable discharge. He also requests that additional training be included on his Certificate of Release or Discharge (DD Form 214).
APPLICANT STATES: That he should have been furnished an honorable discharge because he chose not to reenlist in the Army and requested to be discharged. He states that although he admits to receiving nonjudicial punishment (NJP) several times, there is insufficient disciplinary action to warrant a discharge under other than honorable conditions. He also states that he had additional training that is not included on his DD Form 214.
EVIDENCE OF RECORD: The applicant's military records show:
On 8 November 1977, he enlisted in the Army for 3 years in the pay grade of E-1. He successfully completed his training as a cannon crewman. A review of the records fails to show that the applicant completed any training other than the training that was necessary to be awarded a cannon crewman military occupational specialty.
His awards include the Expert Qualification Badge (Rifle M-16).
On 22 June 1978, NJP was imposed against the applicant for failure to go to his appointed place of duty. His punishment consisted of a forfeiture of pay, restriction and extra duty.
On 28 February 1979, NJP was imposed against him for failure to go to his appointed place of duty. His punishment consisted of a reduction in pay grade, a forfeiture of pay, restriction and extra duty.
He had NJP imposed against him again on 23 April 1979 for willfully disobeying a lawful order and for being disrespectful in language towards his superior noncommissioned officer. His punishment consisted of a reduction in pay grade and a forfeiture of pay.
On 14 November 1979, NJP was imposed against the applicant for failure to go to his appointed place of duty. His punishment consisted of a forfeiture of pay and extra duty.
On 4 February 1980, NJP was imposed against him for failure to go to his appointed place of duty and for being disrespectful in language towards his superior noncommissioned officer. His punishment consisted of a reduction in pay grade, a forfeiture of pay and restriction.
The applicant was barred from reenlistment on 5 June 1980. His commanding officer’s decision to bar him from reenlistment was based on the applicant being consistently late for formation and his total disregard for authority, which was evident, by his contemptuous attitude towards noncommissioned officers. His commanding officer also indicated that he was belligerent, lazy and lack of motivation as a basis for the bar to reenlistment.
On 17 June 1980, NJP was imposed against the applicant for maliciously attempting to obstruct a military police officer in the execution of his duties. His punishment consisted of correctional custody for 30 days, a reduction in pay grade and a forfeiture of pay.
The facts and circumstances pertaining to the applicant's discharge are not on file. His DD Form 214 indicates that he was discharged under other than honorable conditions on 26 January 1981, 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 evidence of record that shows that the applicant 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 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 submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized, 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 had NJP imposed against him on six separate occasions and he was barred from reenlistment as a result of his numerous acts of indiscipline. It appears that the type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.
3. In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with his overall record of service, which was not honorable.
4. The Board has noted the applicant’s contentions; however, there is no evidence of record that shows that he completed any training other than his military occupational specialty training. Therefore, his DD Form 214 appears to be correct as currently reflected.
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
__hof ___ ___gw___ __jlp____ DENY APPLICATION
| CASE ID | AR2002069989 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/07/23 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 1981/01/26 |
| DISCHARGE AUTHORITY | AR 635-200 |
| DISCHARGE REASON | 689 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 708 | 144.7100 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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