| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded to honorable.
APPLICANT STATES: That his discharge should be upgraded because he has been a good citizen, father and husband and has always had a full time job.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in Peoria, Illinois, on 3 August 1983, for a period of 3 years and training as a food service specialist. He completed his training and was transferred to Fort Bliss, Texas, on 5 January 1984. He was advanced to the pay grade of E-4 on 1 October 1984.
He remained at Fort Bliss until 1 June 1985, when he was transferred to Athens, Greece. On 1 October 1985, he departed on ordinary leave with a return date of 15 October 1985. He failed to return to his unit on 15 October and was reported as being absent without leave (AWOL) on 16 October 1985. He remained absent until he was apprehended by civil authorities in Michigan City, Indiana, on 19 March 1986. He was returned to military control at Fort Knox, Kentucky, where charges were preferred against him for the AWOL offense on 24 March 1986.
On 25 March 1986, 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 not to submit a statement in his own behalf.
The appropriate authority approved his request on 8 April 1986 and directed that he be discharged under other than honorable conditions.
Accordingly, he was discharged under other than honorable conditions on 8 May 1986, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He had served 2 years, 4 months, and 4 days of total active service and had 153 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 and there are no 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. 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 overall record of service.
4. The Board has noted the applicant’s contentions. However, they are not sufficiently mitigating to warrant relief when compared to the seriousness of his offense and his otherwise undistinguished record of service.
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
___sac__ __mm___ __rks____ DENY APPLICATION
| CASE ID | AR2002072400 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | YYYYMMDD |
| TYPE OF DISCHARGE | (UOTHC) |
| DATE OF DISCHARGE | 1986/05/08 |
| 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. | |
| 5. | |
| 6. |
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