| Mr. Carl W. S. Chun | Director | |
| Mr. G. E. Vandenberg | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. William D. Powers | Member | |
| Ms. Barbara J. Ellis | Member |
APPLICANT REQUESTS: That his discharge be upgraded.
APPLICANT STATES: In effect, he was suffering from and under medical care for a psychiatric condition at the time he was discharged. The applicant submits two pages of medical treatment records showing treatment from the psychology service. Neither document has any identifying information to identify for whom the treatment was rendered.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant entered active duty on 19 February 1976 and reenlisted on 24 February 1978.
During this period he received non-judicial punishment under Article 15, Uniform Code of Military Justice on four occasions for disobeying a lawful order, failure to go to appointed place of duty, and dereliction of duty.
Although the discharge packet is not of record, the evidence of record shows that the applicant was discharged under the provisions of chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial. In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. Procedurally, the applicant was required to consult with defense counsel and to voluntarily, and in writing, request separation from the Army in lieu of trial by court-martial. In doing so, the applicant admitted guilt to the stipulated offenses under the UCMJ.
The applicant received an under other than honorable conditions discharged on 27 April 1982, under Army Regulation 635-200, chapter 10, discharge for the good of the service in lieu of trial by court-martial.
On 8 July 1983, the Army Discharge Review Board (ADRB) denied the applicant's request to upgrade his discharge.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, and applicable law and regulations, it is concluded:
1. In the absence of information to the contrary, the Board is required to presume all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the discharge is commensurate with his overall record.
2. In the absence of evidence that at the time of the discharge the applicant was so impaired by mental, emotional, psychological or psychiatric problems that he could not both tell right from wrong and adhere to the right the contention of diminished capacity does not demonstrate an error or an injustice in the discharge.
3. 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.
4. 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.
| CASE ID | AR2002072527 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021217 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.7 |
| 2. | 144.9323 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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