| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Ted S. Kanamine | Chairperson | |
| Mr. John T. Meixell | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general discharge.
APPLICANT STATES: In effect, that while not an excuse, he was young and naïve at the time and after almost 30 years, would like to have his discharge upgraded.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 24 September 1955 and enlisted in New Orleans, Louisiana, on 30 October 1973, for a period of 3 years and assignment to the 101st Airborne Division at Fort Campbell, Kentucky. He successfully completed his training at Fort Polk, Louisiana, and was transferred to Fort Campbell on 16 April 1974, for duty as an infantryman.
On 30 April 1974, he went absent without leave (AWOL) and remained absent until 2 May 1974. He again went AWOL from 9 May to 15 May 1974 and from 22 May to 28 June 1974, when he was returned to military control at Fort Hood, Texas, where charges were preferred against him for the AWOL offenses.
The facts and circumstances surrounding his discharge are not present in the available records. However, his records do contain a duly constituted report of separation (DD Form 214) signed by the applicant, which show that he was discharged under other than honorable conditions on 31 July 1974, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He had served 7 months and 17 days of total active service and had 45 days of lost time due to AWOL. His records also show that he acknowledged that he had been briefed on the procedures for applying for an upgrade of his discharge to the Army Discharge Review Board.
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 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 and there are not now nor have there ever been any provisions for an automatic upgrade of such a 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. In the absence of evidence to the contrary, the Board must presume that 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. 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 his otherwise undistinguished record of service during such a short period of time.
4. The Board has noted the applicant’s contentions; however, they are not sufficiently mitigating to warrant relief. Many soldiers who are younger than the applicant are young and naïve when they enter the service and still they endure the hardships necessary to serve their country honorably. The applicant’s discharge properly reflects the character of his service at the time and he has failed to provide sufficient justification to warrant an upgrade.
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
___jm___ ___tsk __ __hbo___ DENY APPLICATION
| CASE ID | AR2002071923 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/07/11 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1974/07/31 |
| 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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