| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Ms. Paula Mokulis | Member | |
| Mr. Donald P. Hupman | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded to honorable.
APPLICANT STATES: In effect, that he went absent without leave (AWOL) because he and his wife were having lots of trouble and she went back to California. He further states that his efforts were to no avail and that he returned to Fort Knox, Kentucky, in order to straighten everything out because that was the only trouble he had while in the military. He also states that he has wished many times that he had stayed in rather than try to salvage an irreparable marriage. He continues by stating that at the time he did not think the discharge would have such a significant impact on his life, but it has.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in Fresno, California, on 19 July 1977, for a period of 3 years and training as a bridge crewman. He completed his training at Fort Leonard Wood, Missouri and was transferred to Fort Knox.
On 13 March 1978, nonjudicial punishment was imposed against him for failure to go to his place of duty. His punishment consisted of extra duty for 14 days.
He was advanced to the pay grade of E-3 on 19 July 1978 and on 17 May 1979, he went AWOL and remained absent until he was apprehended by military authorities at Radcliff, Kentucky, on 22 October 1979. Charges were preferred against the applicant on 29 October 1979.
On 30 October 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 asserted that he was having marital problems and his wife went back to California to file for divorce. He followed her and lived with her for 5 months; however, she left again, taking his son with her. He went on to state that while he originally intended to stay in the Army for 20 years, his wife and kid were more important.
The appropriate authority approved his request on 26 December 1979 and directed that he be discharged under other than honorable conditions.
Accordingly, he was discharged under other than honorable conditions on 28 February 1980, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He had served 2 years, 2 months and 5 days of total active service and had 158 days of lost time due to AWOL.
There is no evidence in the available records to show 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 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 absence and his otherwise undistinguished record of service.
4. The Board has noted the applicant’s contentions. However, they are not, in and of themselves, sufficiently mitigating to warrant relief.
5. 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.
6. 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
___ls ___ ___pm__ __dh____ DENY APPLICATION
| CASE ID | AR2002071573 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/08/06 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 1980/02/28 |
| 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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